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Why You Should Hire a Birth Injury Attorney
If your child has a birth injury that was caused by medical negligence, you may be eligible for compensation for damages. You may be entitled to compensation for past and future medical expenses, wages you lost taking care of your child, and more.
You must demonstrate that medical professionals have violated their duty of care in order to be successful in your case. Your lawyer can assist you in proving this through medical experts.
Getting Started
As a parent, you may be overwhelmed with the care of your baby and the associated medical expenses. You may also be suffering from the emotional trauma of your child's birth injury.
You have the right to file an action to hold the doctor or hospital accountable for the injury to your child. But, you'll require a birth injury lawyers injury lawyer with years of experience to help you create a convincing case. They can also help you negotiate an acceptable settlement. An experienced attorney will be able to manage your communication with insurance companies and submit your claim. They will also be able to ensure that you meet the statute of limitations applicable to you.
The first step is to request an initial free case assessment with an experienced lawyer. During the meeting the lawyer will review all your medical records to determine whether you have a valid claim for compensation.
A reputable birth injury lawyer has experience handling medical malpractice cases, and will be able to assess the merits of your case. In addition, the best attorneys have a track of court success. Ask the attorney how many cases they handle at any given time and if they have support staff to manage their cases. This will give you an idea of how much the attention your case will receive.
Obtaining Medical Records
In many cases, medical negligence during labor and delivery could result in serious injuries to infants and their families. A successful lawsuit may help to pay for the future health needs of a child. Settlements can help families pay for needed treatments and therapies.
A reputable Birth Injury Law Firms injury lawyer will be familiar with the laws in your state with regard to malpractice lawsuits. They should have represented clients in similar cases to yours. They might not be able provide specific details on settlements or verdicts in the past because such documents usually contain confidentiality provisions, but a skilled birth injury lawyer should be able give a general overview of how they have helped their clients.
Your lawyer for birth injuries will examine your medical records to determine if you are entitled to a claim. They may also be required to get expert testimony. This typically involves speaking with other doctors to obtain a formal opinion on whether your doctor's actions violated norms of care for your baby during its birth.
If your lawyer concludes that you have a valid case, they'll make a claim against the defendants. Typically, this would include the doctor who delivered your baby as well as any nurses and hospital personnel involved in the birth of your child. A successful lawsuit could result in compensation for your family's lost income, medical costs and discomfort and pain.
Gathering Evidence
While advances in medicine have made birthing safer than ever before, babies and mothers still face some risks of complications. The injuries caused by a medical professional's negligence can result in an entire life of medical expenses and financial burdens for families. A birth injury lawyer can help them seek financial compensation from the responsible doctors.
In order to prove that medical malpractice caused the injuries, you will need to provide proof. This will mean reviewing medical records and obtaining opinions from medical experts to determine whether the treatment provided was up to standards. Medical malpractice could include birth trauma, obstetrical malpractices, and injuries sustained during labor and delivery.
A seasoned injury lawyer can identify the most credible witnesses and evidence to prove your case. They will also be able to negotiate with the insurance companies and also file a suit in the event of need. They understand the pressure tactics that insurance companies employ to limit settlements, and can manage the process from beginning to the end.
A good birth injury attorney will be on a contingency basis that is, they will pay the entire cost of your case, and only collect a percentage of the amount they are able to win for you. This can save you money in the end as you don't have to be concerned about paying a upfront cost.
Filing a Lawsuit
If your lawyer believes you have a viable claim, they'll bring a lawsuit on your behalf. It is important to begin this process as quickly as you can, because the longer you delay and the longer it takes, the more difficult it will be for you to make an argument that is solid and secure an adequate amount of money for your child.
Your lawyer will send a letter to the medical provider(s) to inform them about your malpractice claims. Your lawyer will work with their insurance companies to try to settle the matter. A good birth injury lawyer has the experience and expertise to be able to discern the tactics employed by insurers to minimize settlement offers.
Your attorney can also consult with medical and financial experts to determine the right amount to request in the form of a damages award. This amount will be calculated based on the emotional and financial impact of the injury to your family. It will also include any ongoing medical treatment and estimates of cost of living.
If your lawyer is unable to reach an agreement on your case with the defendants, they will bring your claim to court. This usually takes place in front a judge and jury, who will decide the outcome of your claim. A verdict that is successful in court can often result in compensation much sooner than a settlement.