When your child is born, you most want their critical first moments in life to be in good health.
That’s why a birth injury is especially devastating. When something goes wrong and they are injured during the birthing process, it can have repercussions that last for the rest of their life.
If your child is the victim of a negligent medical professional, you could receive payment. A birth injury lawyer in Texas can tell you if you are eligible for compensation for your medical expenses. Learn how we can help you live your life without the stress of piling hospital bills.
For a free legal consultation, call 1-800-222-9529
What to Do in the Event of a Birth Injury
If you have any suspicion that your child was harmed by malpractice, it’s advisable to record any detail you can surrounding the incident. This includes the names of your caregivers and the timeline before, during, and after delivery. Trust your gut—if something seems off to you, then it’s worth bringing up to a Texas birth injury attorney.
Anything you can remember will help your lawyer in your medical malpractice case. While a skilled attorney can investigate your case on their own, your chances of winning compensation hinge on any evidence that you can present. Writing down names, taking pictures, and possibly even recording conversations are critical steps to take if your child was injured during birth.
Texas Birth Injury Lawyer Near Me 1-800-222-9529
Common Types of Birth Injuries
While birth injuries can take many different forms, there are some hallmark examples that could mean you were the victim of medical negligence. Oxygen deprivation, lack of blood flow, and the misuse of equipment, all of which can be tied to malpractice, could be root causes.
Common types of birth injuries can include:
- Brain damage
- Bone fracture
- Spinal cord injury
- Nerve damage
- Cerebral palsy
- Erb’s palsy
These injuries can have long-lasting effects. Some children who are injured during the delivery process must use wheelchairs and undergo expensive treatments for the rest of their lives. You shouldn’t have to worry about the cost of your child’s comfort and safety.
What Damages Can You Recover for a Birth Injury in Texas?
Victims of malpractice may be able to receive payment for the damages that negligent medical professionals caused. When you sit down for your free initial consultation with a birth injury attorney in Texas, they will listen to your case and tell you what types of compensation you might expect.
You can recover damages for numerous expenses, including:
- Special equipment, like wheelchairs or braces
- Accessibility modifications to your house or vehicle
- Ongoing treatment and physical therapy
- Medical bills
- Pain and suffering
- Mental anguish
- Wrongful death
Damages in your case can be economic or non-economic. That means some of them are financial costs that you have had to pay and some of them are less concrete damages to your quality of life.
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What Is the Statute of Limitations for Birth Injury Claims in Texas?
When you file any personal injury or medical malpractice claim, there is a deadline. The statute of limitations for a Texas birth injury claim is 10 years, according to Texas Civil Practice and Remedies Code Ann. § 74.251. If you try to file a lawsuit for a birth injury after ten years from the incident, there is a good chance that your claim will be denied.
While 10 years might seem like a long time, that time can pass faster than you think. It’s best to get in contact with a lawyer as soon as possible so they can get to work on investigating your case. If you wait too long, it will be much harder to gather evidence of negligence.
What a Birth Injury Lawyer in Texas Can Do for You
After a birth injury, you might be left reeling, wondering what to do next. A birth injury attorney in Texas can help you navigate the recovery process by working to get you compensation. When you hire one of our lawyers, they will:
In order to get a fair settlement for you, an attorney will first need to show that you were the victim of negligent medical professionals. To do that, they will gather evidence, including:
- Medical records
- Witness statements
- Expert testimony
- Photo or video
- Official documents
Calculate Your Damages
To show how much compensation you deserve for your ordeal, a birth injury lawyer in Texas will calculate your damages. This will include expenses you’ve already paid, as well as expenses that you will have to pay in the future.
To do this, they will look at your medical bills, lost wages, and other ways that your child’s birth injury has affected your life. Your attorney will also take into account non-economic damages like pain and suffering and mental anguish.
Negotiate With the Insurance Company
Insurance companies want to make a profit, so they will try to reduce the amount of money they pay you by any means necessary. That means tricking you, bullying you, and low-balling you. Having a Texas birth injury attorney by your side will help deter them from reducing your settlement.
Our lawyers have years of experience, and they know how to avoid the pitfalls of negotiating with the insurance company. They will make sure you don’t get taken advantage of.
Fight for You in Court
Most malpractice cases are settled outside of court between you and the insurance company. However, if either party won’t agree on a settlement, your case will go to trial.
In the unlikely event that that occurs, our lawyers will be there for you. Your attorney will fight for you so that you get the compensation you deserve.
Talk to a Birth Injury Attorney in Texas Today
An injury during birth can be devastating. Dealing with medical bills and lost work on top of the other repercussions of your child’s injury is overwhelming. Financial compensation could mean starting a new chapter in your life and managing the fallout appropriately.
Our Texas birth injury attorneys have the experience and skill necessary to handle your case. Contact us today to get a free consultation.