You can hire a birth injury lawyer for your umbilical cord birth injury case to protect your rights, build your case, and navigate the claims process for your family. They can help you understand what happened to your baby, who caused their injuries, and how much your case may be worth.
At the same time, having legal representation will make every step of the way easier and less stressful. When you choose to work with an umbilical cord birth injury attorney near you, they will know the laws that apply to your case and how to proceed with your claim for compensation.
For a free legal consultation, call 1-800-222-9529
Medical Malpractice Birth Injury Laws Differ from State to State
Each state has laws that deal with medical malpractice, personal injuries, and other tort-related topics. Some of these statutes apply to all civil cases, but others are specific to malpractice law or birth injury cases. A birth injury law firm that represents families in your state will be familiar with the applicable laws and procedures.
This includes rules regarding:
The Claims Process
Each state has a specific claims process for medical malpractice allegations. This generally includes notifying the negligent doctor or hospital, allowing them to investigate, and potentially negotiating a settlement. Some states also require victims to provide an opinion from a medical expert who supports their claim as a part of this process.
Recoverable Damage Limits
More than half of all states have a cap on medical malpractice damages, according to the Center for Justice and Democracy (CJ&D). Understanding this cap and how it affects your case is important. In most cases, this limit applies only to non-economic damages. However, some states have a limit on both financial expenses and losses as well as pain and suffering damages.
The Timeline of These Cases
When it comes to deadlines in umbilical cord birth injury cases, it is paramount to be aware of and meet any deadlines set by your state and local laws. Missing a deadline could jeopardize your right to take your case to trial if that becomes necessary. Our team can monitor your case so that you meet all deadlines when possible.
Also, every state has a statute of limitations. This is the deadline for filing personal injury lawsuits. According to the National Conference of State Legislatures (NCSL), this ranges from one to seven years.
However, many states have special rules in place when the victim is a baby. Some also have a statute of repose, which sets the final deadline on taking legal action.
Why Do I Need an Experienced Birth Injury for My Umbilical Cord Birth Injury Case? Lawyer Near Me 1-800-222-9529
Navigating the Legal Claims Process in a Birth Injury Case
One important reason you might want to consider hiring a birth injury lawyer for your umbilical cord birth injury case is that the claims process can be complex. When you believe a doctor or hospital caused your child’s birth injuries, you cannot walk in and demand money for the child’s treatment and care. Instead, you must follow the correct procedures to file a claim.
Filing your claim incorrectly or making other missteps could jeopardize your ability to file a lawsuit against those who hurt your baby.
Our team knows what steps to take to file your case and how to handle other legal tasks, such as:
- Notifying the doctor and hospital about your intention to sue
- Filing a claim with the liable party’s insurance
- Negotiating a settlement
Our Legal Team Can Work Closely with a Medical Expert
Almost every state requires that families pursuing birth injury claims consult a medical expert at some point in the claims process. Even when this is not a requirement, it is usually necessary to prove your case.
Medical malpractice law firms generally have a network of experts they regularly work with who either:
- Review their cases for them; or
- Help them identify the right medical professional for the job
Our team can identify the medical expert who can help your case and work closely with them while they review relevant medical records and other evidence. Once they review your case materials, they can then determine if negligence occurred.
If your case goes to trial, the expert’s testimony could also be used as evidence against the doctor or hospital.
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Speak to the Birth Injury Lawyers Group Today for Free
If your child suffers from lifelong disabilities or requires ongoing treatment because of an umbilical cord birth injury, you can get help today. At the Birth Injury Lawyers Group, we provide free consultations and will review your case for you.
Call (800) 222-9529 now to speak with our legal team about your child’s prognosis and your legal options.