A child’s birth represents a new beginning, full of hope and potential. However, when children are injured at birth, it throws a dark cloud over their future.
Following a birth injury, physical therapy, special schooling, housing modifications, and other types of care may be needed for your child. Furthermore, if the injury could have been averted, it raises legal concerns.
Birth injuries have emotional and physical, and financial strain consequences. Because the effects of a birth injury could last a lifetime, claims and lawsuits should result in significant compensatory damages.
Additionally, these cases are complex and expensive to bring. They necessitate the services of a law firm with the skills and resources to advocate for the family’s greatest interests properly.
Making a Birth Injury Claim
You or your attorney must file a claim to initiate the birth injury case. But, first, you will register a complaint with the jurisdiction where the accident happened. Submitting the proper paperwork within the state’s statute of limitations is crucial for filing your claim.
Your birth injury complaint will be filed as a medical negligence suit. You have eight years from the time of the occurrence to file a birth injury claim or until your child reaches the age of 22 in case of a disability. These time frames change depending on your state, so make sure you work with a local law firm to stay top of your game.
Other sorts of medical malpractice lawsuits have a two-year statute of limitations. The courts will normally not permit you to file if you miss your deadline.
Waiting for a Reply
After you or your attorney submit the birth injury claim, the defendant must react within the specified time frame, mostly 30 days. After that, the respondent will either accept the claim and engage in settlement talks or deny it.
If the claim is denied, you have the right to sue the offender in court to seek restitution. While you and your attorney await the accused’s response to your claim, you will concentrate on constructing the case. First, your attorney will collect all relevant facts to justify your birth injury claim and the defendant’s misconduct.
Health files, images of injuries, comments from eyewitnesses in the maternity ward, previous accusations against the practitioner, and statements from medical specialists may all be used as evidence. Moving ahead, you will collaborate closely with your lawyer to develop a thorough legal plan.
Discussions for a Resolution
If the defendant admits your allegation, negotiations for a resolution may begin. Most birth injury lawsuits are resolved out of court. However, hiring a legal representative from birthinjurylawyer.com during negotiations might increase your chances of getting a fair bargain without a costly or time-consuming malpractice trial.
While you focus on your child’s treatment and therapy, settlement talks with the help of a lawyer can ensure that you do not agree to less than the value of your claim. For example, a birth injury settlement could cover your medical bills, physical therapy costs, special education fees, and other financial damages.
The Legal System
If your birth injury lawsuit requires a trial, the court proceedings will begin with discovery. It entails conducting research, acquiring evidence, and interviewing people from the opposing side of the claim while both parties seek to get information.
Receiving health records and other relevant facts may take months due to hospitals’ slow response time. As a result, the discovery mainly involves getting files from the opposing party and taking depositions from witnesses.
The testimony of an expert medical witness is critical throughout the discovery phase. Following the conclusion of the inquiry, the trial will begin. A judge or jury will hear both sides and decide if the plaintiff’s evidence outweighs the defendant’s.
If this is the case, the courts will award the victim a monetary award to compensate for their losses. If not, the plaintiff can appeal the court’s ruling.
In Conclusion
Each birth injury negligence claim has relevant facts, but they all go through the same legal process. Knowing the procedure and what to anticipate at each phase can make you feel more at ease and alleviate some of the stress of being a plaintiff.
With a law degree under his belt and years of experience, Mark Scott set off to make the law more accessible to all. He decided to help people lost in the maze of legal terminology to find their way. Mark writes clear and concise pieces and gives simple advice that is easy to follow. On account of positive feedback from readers, he decided to dedicate more of his time to this goal and became a legal columnist. In his writings, Mark covers a wide array of topics, like how to seek legal counsel, or how to deal with different procedures. Furthermore, he directs his readers toward other trustworthy resources for more in-depth information.