The Benefits of a Birth Injury Settlement

A settlement for a birth injury can help cover medical treatments which can be expensive. The amount you receive may depend on the type of birth injury your child suffered.

Birth injuries that are severe, like cerebral palsy are often the cause of lifelong medical costs. These expenses are known as economic damages, and they are not subject to maximum caps.

Compensation

If nurses or doctors make mistakes during childbirth which cause permanent, life-altering consequences for the baby and/or mother, they may be held liable under the law of medical malpractice. In certain cases the court awards compensation for damages like pain and suffering and loss of consortium future and past medical bills, physical therapy and more.

A birth injury attorneys injury lawsuit can also seek compensation for other expenses that would have been avoided if a doctor had not committed error, such as loss of income or reduced earning capacity. Parents who are forced to take care of their children who are disabled often suffer significant financial losses. Additionally some birth injuries require expensive equipment or modifications to the home, which could create a lot of expenses.

Lawyers begin the claim process by submitting an initial demand packet to the malpractice insurance company of the hospital or doctor, which includes a detailed description of the accident as well as all relevant documents. The insurance company will then look over the claim and either accept or deny it. If the insurance company declines the offer, then lawyers will bring a lawsuit.

Some states have indemnity fund for birth injuries. These funds reduce the amount of medical malpractice insurance premiums, or fees, charged to obstetricians. These funds are not able to cover the costs of a lifetime's worth of care. Furthermore, they do not prevent plaintiffs from seeking monetary compensation from other defendants, like the hospital where the malpractice occurred.

Expert Witnesses

The medical professionals involved in a birth injury lawsuit have a duty to the mother and baby the obligation of following their profession's accepted standard of care. If the healthcare provider does not fulfill this duty and results in an injury, then they could be held responsible. Expert witnesses are needed to support this claim. These are typically doctors in the same field or similar field, who can explain in layman's terms the standard of practice and the way in which the defendant medical professional violated the standard.

A skilled birth injury lawyer will know how to obtain and present the most credible expert witness testimony. They are able to anticipate and combat the defenses of healthcare providers so that the claim is presented in the most positive way possible.

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

An experienced birth injury attorney is also adept at negotiating between insurers and understands the tactics they use to force victims into accepting lowball settlement offers. Your attorney can help you resist these pressures and help move the case ahead until the medical practitioners are willing to settle. If they refuse the offer, your attorney may bring a lawsuit to force them to negotiate in good faith.

Statute of limitations

There are strict deadlines for filing claims on behalf of children who suffered birth injuries. Medical malpractice claims based on the mother's injuries must generally be filed within two-years of the negligence which led to the claim. Birth injury claims based upon injuries to children are typically allowed until the child is age of 10.

The purpose of constructing a strong case is to establish that the medical professional who treated your child did not follow the appropriate standard of care. This could involve extensive review of medical reports and tests, and it could involve a thorough interview with other nurses, doctors and hospital personnel who observed the labor and delivery process.

It is not a guarantee that you will be awarded a settlement if you prove that medical professionals did not meet the standards of care. You must prove that the negligence directly caused your child's injuries. This is known as causation, and is a widely contested issue in medical malpractice cases.

Selecting an attorney who has the resources to construct your case and go through trial is crucial. The lawyer you choose will typically advance costs associated with litigation, and only get paid if you receive compensation. This lets you concentrate on the child's progress, and it provides a level of financial assurance you can rely on in the event of a lengthy and prolonged trial.

Time Limits

Every state has a statute or time limit within which you can start a lawsuit. This limitation ensures that legal matters are pursued in a timely manner and as long as evidence in the form of physical evidence is accessible and witnesses' statements remain fresh. The statute of limitations for birth injury cases is typically two-and-a-half years after the date when negligence or negligence occurred.

However there are exceptions for injuries suffered by infants. New York law, for example, permits an extended statute of limitations on medical malpractice claims for children. The deadline is extended to 10 years following the child's date of birth.

An experienced birth injury lawyer will be familiar with the specifics of the statute of limitation in each state. They'll also be aware of any unique concerns that arise from the birth injury case of a child. For instance, a large number of birth injury cases involve significant economic damages, including future loss of income (or loss of life expectation) as well as future and past medical expenses. Economic damages are not subject to maximum caps which increase the potential value of a birth injury case.

A good birth injury attorney will be well-versed in the process of negotiating and settling claims with insurance adjusters. They'll know how to spot a low-ball offer and use their specialized knowledge to counter-offer an acceptable settlement amount. In some instances the settlement can be reached outside of court. In some instances it is necessary to go through a trial in order to secure the compensation you deserve.