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Why You Should Hire a Birth Injury Attorney

If your child is suffering from a birth injury resulting from medical negligence, you may be entitled to compensation for damages. You may be entitled to compensation for past and future medical costs or wages you were unable to earn while to care for your child and more.

To win your claim you must prove that medical experts violated their duty of care. Your lawyer can help you in proving this using medical experts.

Getting Started

You may feel overwhelmed by the medical expenses that accompany a newborn. You could also be dealing with emotional trauma as a result of the reality that your child suffered a birth injury due to medical negligence.

You are entitled to bring an action against the doctor or hospital who caused your child's injury but you'll need an experienced birth injury attorney to build a strong case and help you get an equitable settlement. An experienced lawyer will be able to manage communication with insurance companies and submit your claim. They will also be able to ensure that you are within the deadlines for filing claims.

The first step is to request an assessment of your case free of charge from an experienced lawyer. In this meeting the lawyer will go over your medical records and assess whether you have an appropriate legal claim for compensation.

A good birth injury lawyer will have the experience of handling medical malpractice claims, and know how to evaluate the merits of your case. The most effective lawyers also have an established track record of success. Ask the attorney how many cases they take on at any given time and if they have a support staff to handle their caseload. This will give you a better idea of the level of attention your case will receive.

Medical Records - How Do I Get These Records

In many cases medical mistakes during labor and delivery can result in serious injuries to infants as well as their families. A successful lawsuit can help pay for future care needs of the child. A settlement can aid families in paying for necessary treatments and therapies.

A good birth injury attorney is familiar with the laws in your state pertaining to malpractice lawsuits. They should have handled cases similar to yours. Although they might not be able to divulge specific details about past settlements or verdicts (because these documents typically contain confidentiality provisions), an experienced birth injuries injury lawyer is likely to be able give you a general idea of the way they have assisted their clients.

Your birth injury lawyer will begin by reviewing medical records to determine if you have a case. They may need to get expert testimony. This typically means speaking with other doctors to get an official opinion on whether your doctor's actions were in breach of usual care of your baby's birth injury law firms.

If your lawyer determines 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 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 expenses and discomfort and pain.

Gathering Evidence

While advances in medicine have made childbirth much safer than in the past, mothers and babies have a chance of suffering complications. Accidents caused by a doctor's negligence could result in an ongoing burden of medical bills and financial burdens for families. A birth injury lawyer can help clients seek financial compensation from the responsible medical professionals.

To prove that medical malpractice caused the injuries, you will be required to prove the injury. This requires reviewing medical records and seeking opinions from medical experts to determine if the treatment was in accordance with accepted standards of medical care. Injuries that can be considered medical malpractice include obstetrical errors and birth trauma, as well as injuries sustained during labor and delivery.

A seasoned injury lawyer will be able to identify the best witnesses and evidence to back your case. They also have the experience to negotiate with insurance companies and to file a lawsuit when necessary. They are aware of the pressure tactics that insurance companies employ to limit settlements and are able to manage the process from start to end.

A good birth injury attorney will operate on a contingency-based basis, meaning they will cover all expenses associated with your case and will only take a portion of what they win for you. This can save you money in the end as you won't have to worry about paying an up-front fee.

Filing a Lawsuit

Your attorney will file a lawsuit on your behalf if they believe you have an appropriate claim. It's important to start the process as soon possible, as the longer you wait longer, the more difficult it will be to build a solid case and secure fair compensation for your child.

The medical provider(s) will then be served with a letter from your lawyer informing them of the malpractice claim. Then, birth injury law firms your lawyer will work with their insurance providers in an attempt to settle the claim. A good birth injury attorney has the experience and expertise to know the tactics insurance companies employ to reduce settlement offers.

Your lawyer may consult with medical and financial experts to determine the correct amount to be requested in the form of a damages award. The amount will take into account how much impact the accident has affected your family financially and emotionally. This will include ongoing medical care and an estimate of the cost of living.

If your lawyer cannot reach a settlement for your case with the defendants, they'll bring your claim to court. Most often, this is done before a judge and jury who will decide the outcome of your case. A successful trial can often result in compensation much sooner than an agreement.