The Benefits of a Birth Injury Settlement

A settlement for birth injuries can assist in covering medical treatments which can be expensive. The amount of compensation you receive will be contingent on the nature and severity of birth injury that your child was injured.

The most severe birth injury law firms injuries, such as cerebral palsy often result in lifetime medical costs. Such expenses are called economic damages and aren't subjected the maximum cap in most states.

Compensation

When doctors and nurses make mistakes during childbirth that lead to permanent, life-changing consequences for the baby and/or mother and/or mother, they could be held accountable under medical malpractice laws. In some instances the court could award compensation for damages, like discomfort and pain, loss of consortium and past and future physical therapy, medical expenses and much more.

A birth injury lawsuit also seeks compensation for any other costs which could be avoided if the doctor had not committed malpractice, such as lost income or diminished earning capacity. Parents who must take care of their disabled children often have significant financial losses. Certain birth injuries require expensive equipment or modifications to the home. This can result in significant costs.

Lawyers begin the claim process by submitting an initial demand form to the malpractice insurer of the hospital or doctor that includes a thorough description of the injury and all relevant records. The insurance company will then review the claim and decide whether to accept or deny it. If the company rejects the claim, attorneys will prepare to make a claim.

Certain states have indemnity funds for birth injuries, which can reduce the amount of medical malpractice insurance premiums, or fees, charged to Obstetricians. However, these funds may not be sufficient to cover the cost of a lifetime of treatment. Also, they do not stop plaintiffs from seeking financial damages from other defendants, like the hospital in which the malpractice occurred.

Expert Witnesses

Medical professionals who are involved in a lawsuit involving birth injuries have an obligation of care to the mother and child. If the healthcare provider fails to meet this duty, and the result is to injury, they could be liable for malpractice. Expert witnesses are required to support this claim. They are typically doctors in the same or similar field who can explain in plain English the standard of practice and how the defendant medical professional violated the standard.

An experienced birth injury lawyer knows how to secure and present the best expert witness testimony. They are able to anticipate and combat the defenses offered by healthcare providers, so that the claim will be presented in the most positive light.

Your lawyer will help you determine the total value of your losses and prove that in court. These include both economic and non-economic damages, including medical bills, pain and suffering, loss of enjoyment and lost income.

A skilled birth injury lawyer is also experienced in negotiations with insurance companies and knows the tactics that insurers frequently employ to pressure victims into accepting lowball offers. Your attorney can help you resist these pressures and keep the case moving forward until the medical professionals' malpractice insurers agree to settle. If they refuse the offer, your attorney may bring a lawsuit to force them to negotiate in good faith.

Statute of Limitations

Parents may file claims on behalf of their children to recover expenses caused by birth injuries, however there are strict deadlines that apply. For example, medical malpractice claims stemming from injuries to mothers generally need to be filed within two years of the date of the negligent act or omission that gave rise to the claim. Birth injury claims based upon injuries to children are generally permitted until the child reaches the age of 10.

To establish a solid case, you must establish that the medical professional who treated your child violated the lawful standard. This may require a thorough examination of medical documents, tests, as well as interviews with other nurses, doctors and hospital staff who were present during the birth and labor.

Even if you prove that a medical professional did not to meet the standards of care, this does not mean that you automatically win your claim. It is also necessary to prove that the negligence directly caused the injuries to your child. This is referred to as causation and it is a hotly disputable issue in many medical malpractice cases.

Choosing an attorney that has the resources to construct your case and get through trial is essential. Your lawyer is likely to pay for the costs of litigation and only be paid if you recover compensation for you. This allows you to concentrate on your child's rehabilitation and provides a sense of financial security you can count on in the event of a lengthy and long trial.

Time Limits

Each state has its own statute of limitations, or timeframe within which you have to bring a lawsuit. This restriction ensures that legal issues are dealt with in a timely manner, and when evidence from the physical remains available and witnesses' accounts remain fresh. For birth injury cases, the statute of limitations is typically two and half years from date of the accident or negligence.

There are exceptions to this law for infants who suffer injuries. For instance, New York laws allow for an extended period of limitations for medical malpractice claims brought on behalf of children, which extends the time limit to 10 years following the child's birth.

A skilled birth injury lawyer is well-versed in the specifics of each State's statute of limitation. They'll be aware of any special requirements that apply to cases involving birth injuries for children. For instance, a large number of birth injury cases result in significant economic damages, such as the possibility of losing future income (or loss of life expectancy) and past and foreseeable medical expenses. Economic damages do not have a limit on their value which can increase the value of the case.

A good birth injury lawyer will be proficient in the process of negotiations with insurance adjusters. They will know how to spot a low-ball offer and make use of their knowledge to counter-offer an appropriate settlement amount. In certain situations it is possible to have a settlement reached without the need for court. In certain situations it is necessary to go through a trial to receive the amount you are due.