Was your child diagnosed with a serious birth injury like cerebral palsy, hypoxic-ischemic encephalopathy, brain bleeding, or something similar? Medical malpractice can cause these conditions, and our birth injury attorneys in Montgomery, AL, can find out.
If you believe you have a malpractice case, speak with the Birth Injury Lawyers Group. We can help you get compensation to pay for your child’s care after a negligent medical professional harmed them.
For a free legal consultation, call 1-800-222-9529
Why Do I Need a Birth Injury Attorney?
We trust our doctors, nurses, and other medical professionals to protect mothers and babies from harm. If something goes wrong, we expect them to take action to solve the problem before it causes an injury. However, preventable medical mistakes happen, and the results can be devastating.
If your medical team ignores professional standards for care, mothers and babies can be harmed for the rest of their lives. In order to have the best quality of life after a birth injury, families need money to pay for care.
You can hold whoever harmed you accountable. Our Montgomery birth injury attorneys can help you get money after a preventable medical accident through a medical malpractice lawsuit. With that money, you can pay for your child’s medical needs so they can recover as much as medically possible.
Montgomery Birth Injury Lawyer Near Me 1-800-222-9529
Is There a Deadline for Filing Birth Injury Claims?
Every state has its own deadline for filing any kind of lawsuit. These are known as the statute of limitations. For a mother’s injuries, you have two years from the alleged malpractice or six months after discovery if it couldn’t have reasonably been discovered before. There is also a four-year statute of repose, an absolute deadline for filing regardless of circumstances.
The deadline for children is different, especially for newborns. In Alabama, if the child was hurt before their fourth birthday, you have until their eighth birthday to sue someone for malpractice. Yet while you have more time, you should not delay starting your case.
Starting early means, should you win, you’ll get money faster. Your child’s quality of life will improve the most if they get early medical care for their injury. Also, starting early gives your lawyer more time to construct a strong case without the pressure of a deadline.
What Kinds of Birth Injury Cases Do We Take?
There are a high number of birth injury types that malpractice could cause. Usually, when a parent comes to us, their baby’s injury costs are so high or complicated that their health insurance can’t (or won’t) cover the costs.
As soon as your child has been diagnosed with a severe birth injury, speak with one of our Montgomery birth injury lawyers. We can estimate the value of your case and your chances of success, and whether it’s worth pursuing a medical malpractice lawsuit.
Some of the common severe birth injuries we see at our offices include things like cerebral palsy, hypoxic-ischemic encephalopathy, and brain bleeding. We also see cases of injury to mothers, especially ones caused by a misdiagnosis or a failure to treat. A missed problem with a mom can create the conditions for a birth injury to a baby.
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How Much Can I Expect to Get from My Child’s Birth Injury?
We can give you an estimate based on previous similar cases, but every case’s value is different. Until we investigate your situation and weigh the evidence, it’s hard to say how much you could get. However, many severe birth injuries receive six- and seven-figure settlements.
The type of injury and the severity of the injury is just one part of the value. There are also secondary costs like lost wages for taking time off work to care for your child, transportation costs, and even renovation costs to accommodate a child’s injury.
There are also non-economic damages like pain and suffering that do not have a strict dollar amount. Part of our job as your lawyer is to calculate and justify the amount of money your case truly deserves, and we aim to get you the most possible.
How Else Will My Lawyer Help Me?
Caring for a child after a birth injury can be a monumental task. We take the burden of dealing with insurance companies, medical providers, and other lawyers off your back so you can focus on your baby. Some ways we help our clients include:
- Evaluating settlement offers to make sure you’re getting a fair offer
- Handle all communications and requests for documents from the defense
- Comply with all legal requirements and deadlines for filing your lawsuit
- Build a strong case based on our investigation, including interviewing expert witnesses
- Fight hard for a fair settlement based on the entirety of your case
Fighting a malpractice lawsuit almost always involves a medical malpractice insurer. These companies have a lot of lawyers of their own. Why should you face them without a legal expert on your side? Let our Montgomery birth injury lawyers handle your case so you can focus on your baby.
What Must We Do to Win?
To win a malpractice case for a birth injury, there are four elements that the law requires. We must prove there is a legal duty of care, that the defendant violated the duty, that the violation caused your child’s injury, and that the injury resulted in provable damages.
There may be multiple parties that have a legal duty of care. In a birth injury situation, we will often sue the hospital along with the people who caused the harm. More parties mean more routes for compensation.
The hardest parts to prove are the violation of duty and proving the violation caused your child’s injury. If we can prove these, there is a good chance you have a valid case. From there, it’s a matter of negotiating the damages and pressing our claim until the insurer comes up with a fair offer, or we take them to court to let a judge and jury decide.
Get Your Birth Injury Claim Started
Time is of the essence, and not just for legal deadlines. Early intervention after a birth injury can have an enormous effect on your baby’s quality of life. If your child was harmed and you live in Montgomery, call the Birth Injury Lawyers Group right away.
We will schedule a free initial consultation and determine if you have a case. If so, we will work for you for free until you win compensation. Regardless of your financial situation, we can help. Get the answers you need after a traumatic birth by calling or emailing our offices today.