Birth injuries happen frequently in the US. You have every right to expect safe and expert medical care in a hospital. When medical professionals fail to deliver that standard and hurt your child in the process, you can file a claim and recover a settlement for your damages.
Severe or moderate birth injuries can have lasting negative impacts that alter the course of a child’s life forever. You shouldn’t have to pay out-of-pocket for another party’s negligence. West Virginia birth injury lawyers are ready to help you earn rightful compensation.
What Kinds of Damages Qualify for Compensation?
Generally, you can recover compensation for two types of damages. A West Virginia birth injury attorney from our firm can help you understand if you qualify for economic or non-economic damages.
Economic damages resulting from a birth injury usually manifest as:
- Lost wages
- Medical expenses for hospital or emergency room visits
- Medical equipment, assisted living services, and other supportive services
- Prescriptions and other essential medicine
The amount of time it takes to take care of your child after a birth injury shouldn’t be underestimated. Many parents have to make significant alterations to their schedules and work-life balance to meet their baby’s medical needs. If this happens, whatever lost wages or reduced earning capability can get compensated.
Health care costs in the US are also expensive. Even if you have solid health insurance, birth injuries can be so devastating that you can quickly exhaust all of your benefits and run out of money fast. Whatever medical treatments you need, you deserve the best, and you can receive the funds to do so from the at-fault party.
Your non-economic damages will usually consist of:
- Pain and suffering
- Mental anguish
- Disability or disfigurement
- Loss of enjoyment of life
- Wrongful death
Birth injuries such as cerebral palsy, Erb’s palsy, shoulder dystocia from a botched c-section, or facial paralysis can all cause permanent damages that adversely affect the life of an otherwise healthy baby.
While money can’t take away the loss you and your child have suffered, it can help make life more comfortable by giving you the financial stability you need to manage these damages. We want to see you hold the negligent medical professional responsible for your birth injury accountable for their actions.
Common Types of Birth Injury Cases We Handle
Birth injury cases address situations where newborns experience harm during the childbirth process due to medical negligence. If your child was harmed, you can hold the at-fault party responsible for their actions.
Our legal team handles many different types of birth injury cases, including:
The list of cases we represent does not stop here, so please contact us if your child was diagnosed with a different condition, as we may still be able to help. The sooner you contact us, the more time we will have to strengthen your case.
Some injuries and illnesses can be difficult to identify. For example, Kernicterus symptoms are difficult to determine, the most distinct one being a yellowing of the skin. We can investigate the case if you are unsure whether your child has a birth injury.
How Will a Birth Injury Lawyer Help Me?
When filing any sort of medical malpractice lawsuit, we recommend that you get an experienced attorney to help you. Birth injury cases can be challenging to prove. Still, with a lawyer, you can bolster the strength of your cases and increase the chances of recovering a settlement that truly reflects your damages.
Even though you can file your lawsuit and negotiate for a settlement on your own, this would put you at a disadvantage against the insurance companies. Hospitals and medical professionals like nurses and doctors all have a lot of resources at their disposal to challenge your claims. A lawyer can help you fight back against them by:
- Helping you gather evidence, medical records, and other reports that prove your birth injury.
- Handle all of the external communications you need to do so you don’t accidentally harm the chances of winning your settlement.
- Negotiating for you on your behalf or representing you during trial.
- Answering all of your questions promptly and providing you with all of the legal resources you need to succeed.
For a free legal consultation, call 1-800-222-9529
Our attorneys will create a personalized legal strategy for your case. For example, if doctors and nurses fail to recognize birth asphyxia, we will prove that medical professionals failed to diagnose a birth injury promptly.
Hiring a birth injury lawyer in West Virginia is an investment worth making. You shouldn’t deprive yourself of these unique advantages by going alone, especially if you don’t have any prior legal experience.
How Long do I Have to File a Birth Injury Lawsuit in WV?
Under West Virginia Code § 55-7B-4, you have just two years from the date of the birth injury to file your claim. Two years is a relatively short amount of time, all things considered. To have the best chance at winning a fair settlement, you need to build up a strong case for your lawsuit. This takes a decent amount of time to accomplish.
While you should aim to file within the statute of limitations, you shouldn’t rush into your claim. Filing a lawsuit unprepared will make it harder to get compensation for your birth injury damages. Our birth injury lawyers in West Virginia can help you get started as soon as possible so you can file at the best time.
Insurance Companies Are Not on Your Side
Never accept the initial settlement offer. Insurance companies will always try to get you to settle for less, even for something as serious as birth injuries. You shouldn’t believe in their compassion because, at the end of the day, they’re businesses looking to protect their bottom line.
Birth Injury Lawyer Near Me 1-800-222-9529
Insurance adjusters will employ various strategies to diminish the value of your claim or dismiss your case. For example, if your child suffered an injury after a delayed birth, they may argue that a pre-existing medical condition of the mother caused the injury. However, your birth injury lawyer will protect your rights and interests during negotiations with the insurance company.
We Are Available 24/7 to Provide Assistance
To learn more about all of the legal options available to you after a birth injury, please contact the Birth Injury Lawyer Group today online or over the phone. We are available 24/7 every day to provide you with the assistance you need to start your claim. Our birth injury attorneys in West Virginia are helping families get justice every day, and we are ready to hear your case.