Injuries sustained at birth can have lifelong effects and challenges. If those injuries are caused by the actions or negligence of others, an attorney may be able to help you secure monetary compensation for you and your child. Since many birth injuries require expensive, lifelong medical care, compensation is often necessary to help families care for their children.
At the Birth Injury Lawyers Group, our birth injury lawyers in Wisconsin work to connect families with the resources and attorneys they need. Whether your child has suffered from cerebral palsy, Erb’s palsy, brain bleeds, or other significant birth injuries, we offer a FREE consultation.
For a free legal consultation, call 1-800-222-9529
What You Need for a Birth Injury Lawsuit
A birth injury claim is a form of medical malpractice lawsuit, which means you’ll be going up against the medical staff or hospital responsible for your child’s injury. To do so, you’ll need a cause of action, proof of several elements, and an attorney who can file your claim within Wisconsin’s medical malpractice statute of limitations.
Depending on the facts of your claim, you may have as little as one year to file for compensation.
Birth Injury Claims Causes of Action
Before you can sue for the compensation you deserve, you’ll need an appropriate cause of action. In some cases, your child’s injury may have been unforeseeable or may result from events that are not the fault of the medical staff. Typical causes of actions stem from situations like:
- Failing to properly diagnose or treat the mother’s health issues
- Failing to properly diagnose or treat health issues of the fetus
- Improper techniques or treatment during the birthing process
Elements to Prove Birth Injury Claims
A cause of action is merely the first step toward getting your child and your family the compensation you need. Next, your Wisconsin birth injury attorney will need to show the following elements.
- The defendant owed you and your child a duty of care.
- The defendant breached medical standards and failed to provide this duty of care.
- The defendant’s failure of duty (through action or negligence) directly led to your child’s birth injury.
- As a result of that injury, your child and your family have suffered or will suffer compensable damages.
Birth Injury Lawyer Near Me 1-800-222-9529
Compensation for Your Birth Injury Damages in Wisconsin
You may be entitled to significant compensation if the above elements can be proven in your case. Compensation is divided into two categories: economic and non-economic. A skilled attorney can help you catalog all the damages you and your family have suffered in order to maximize your settlement or jury award.
The most easily understood damages are economic in nature. In other words, they are the ones that have price tags or bills attached to them. They can include items like:
- Current and future medical care for your child
- The cost of prostheses, medical equipment, or similar expenses
- Your family’s lost income due to caring for your child’s injury
- Your child’s loss of potential future earning capacity because of their injury
Not all the harms that come from birth injuries are monetary, however. Still, justice demands that you receive compensation for these damages as well. Non-economic harms can include:
- Your child’s pain and suffering due to the injury
- The emotional toll of the injury on your family
- Loss of your child’s quality of life due to injury
When you get help from knowledgeable Wisconsin birth injury lawyers, you can fight for all the compensation you and your child are owed.
Meet With a Wisconsin Birth Injury Lawyer for Free
At Birth Injury Lawyers Group, we can help connect you with a lawyer who will fight for your rights and the rights of your child. When suing a medical organization, it’s often necessary to hire expert witnesses and perform additional tasks to strengthen your case. With experienced attorneys, you can be certain that your case is handled properly.
Call today or fill out our online contact form to schedule a FREE consultation with a Wisconsin birth injury lawyer.