The Benefits of a Birth Injury Settlement

A settlement from a birth injury could assist in covering medical treatments which can be expensive. The amount of compensation that you receive will depend on the severity and type of the birth injury your child sustained.

Cerebral palsy can result in lifelong medical costs. These costs are known as economic damages and aren't subjected to caps on maximum amounts in many states.

Compensation

If doctors or nurses make mistakes during childbirth which cause lasting, life-altering injuries to the baby and/or mother, they may be held liable under the laws on medical malpractice. In certain cases the court awards compensation for damages, such as suffering and suffering and loss of consortium, future and past physical therapy, medical bills and more.

A birth injury lawsuit may also seek reimbursement for costs that could have been avoided had the doctor not committed malpractice. This includes lost income and reduced earning capacity. Parents who are responsible for their disabled child typically need to quit their jobs, which can result in a significant loss of money. In addition some birth injuries require expensive equipment and modifications to the home, which can result in high costs.

Lawyers begin the claim process by sending an initial demand form to the malpractice insurer of the doctor birth injury lawyer or hospital and includes a complete description of the accident as well as all relevant documents. The insurance company will then evaluate the claim, and either accept it or reject it. If they reject the offer then lawyers will prepare to make a claim.

Some states have an indemnity fund for birth injuries, which reduces the amount of medical malpractice fees or charges charged by doctors of obstetrics. However, these funds may not be enough to cover a lifetime of care. They also don't prevent plaintiffs from seeking financial damages from other defendants, such as the hospital where the error occurred.

Expert Witnesses

Medical professionals involved in a lawsuit regarding birth injuries owe the duty of care to the mother and child. If the healthcare provider fails to perform this duty, and the result is to injury, they could be held accountable for their actions. Proving this claim requires expert witnesses, typically doctors who are in the same or similar field who can explain the standards of practice in plain language and how the defendant medical professional breached that standard.

A skilled birth injury lawyer will know how to secure and present the best expert witness testimony. They also have the knowledge to anticipate healthcare professionals defenses and counter them so that the claim is presented in its strongest light.

Your lawyer will also assist you to determine your total losses and prove your case in the court. These are both economic and non-economic ones such as medical expenses as well as pain and suffering, and loss of income.

An experienced birth injury attorney has also worked with insurance companies and is familiar with the tactics they use to force victims into accepting settlements that are low-cost. Your lawyer can help you resist these pressures and help move the case ahead until the medical practitioners or malpractice insurers agree to accept a settlement. Your lawyer may start a lawsuit to force them into negotiations in good faith, if they don't agree.

Statute of Limitations

There are strict deadlines for filing claims on behalf of children who have suffered birth injuries. For instance, medical negligence claims based on injuries sustained by the mother generally must be filed within two years from the date of the negligent act or omission that led to the claim. In contrast birth injury claims based upon injuries to the child can generally be filed as long as the child is 10.

The objective of building an argument that is strong is to establish that your child's doctor violated the applicable standard of care. This could require a thorough examination of medical documents, tests, and interviews with other doctors, nurses and hospital staff who were present during labor and delivery.

It is not a guarantee that you will be successful in a claim if prove that the medical professional was not up to the standard of care. You must also prove that the breach of duty caused your child's injury. This is known as causation and is a hotly debated issue in a lot of medical malpractice cases.

It is important to choose an attorney with the resources needed to construct your case and then proceed to a trial. The lawyer you choose to work with will typically advance costs associated with litigation, and only get paid if you receive compensation. This lets you focus on the recovery of your child, and it provides a level of financial assurance that you can count on in the event of a lengthy drawn-out trial.

Time Limits

Each state has a statute or time limit within which you can start a lawsuit. This limits the timeframe to ensure that legal proceedings are handled promptly and while physical evidence is still available and the accounts of witnesses remain fresh. For birth injuries the statute of limitations is typically two and two-and-a-half years from date of the negligence or mishap.

However there are exceptions for injuries suffered by infants. New York law, for instance, permits longer time limits on medical malpractice claims for children. The deadline is extended to 10 years after the date of birth of the child.

An experienced birth injury lawyer will know the particulars of each state's statute of limitations. They will also be aware of any specific considerations associated with the case of a child's birth injury. A lot of birth injury cases contain significant economic damages. These include future lost income, or loss of life expectancy, and the future and birth injury lawyer past medical costs. Economic damages don't have a limit on their value which can increase the value of a case.

An experienced birth injury attorney will be well-versed in the procedure of negotiating and settling claims with insurance adjusters. They will know how to spot a low-ball offer and use their specialized experience to counter with an acceptable settlement amount. In some instances it is possible to have a settlement reached without the need for court. In other cases the court trial could be required to get the compensation you deserve.