5 Things To Expect In A Birth Injury Case
There are different types of injuries that newborns experience during the labor and delivery process. However, negligence and medical errors are the major causes of such injuries. Birth injuries such as cerebral palsy can be severe and permanent. In such instances, you have the right to file a birth injury lawsuit. You will need an experienced birth injury attorney to help understand your legal options. Below are things to expect in a birth injury lawsuit.
Birth Injury Lawsuit Process
As much as the lawsuits aim to help the parent or family of the child, every birth injury case has unique circumstances and challenges. The rules and laws governing birth injury claims also differ with country or state. It is essential to understand such laws and prepare well before filing the claim. Most birth injury lawsuits follow a similar and specific legal progression that your lawyer will guide you through.
Initial Consultation is Crucial
The stories you hear around might be encouraging, especially when the results are huge amounts in settlements. However, that might not be the case when you fail to make an initial consultation with your attorney. The initial consultation is crucial as this is where your case is heard, questions answered, and clarification on possible outcomes given. During the consultation, an intake interview is conducted, and relevant information on your legal options is collected. An initial consultation helps you know whether your claim is viable.
Medical Records Will be Required
For your birth injury claim to be considered viable, strong evidence must be available. You or your lawyer must request medical records related to the injuries. Proving medical malpractice can be hard as most hospitals and healthcare providers are reluctant to give out information related to a lawsuit. A birth injury attorney knows how to get the right information and evidence for the case.
Outside Opinion Will be Sought
Having the medical records is not enough to make a strong birth injury claim in a court of law. Medical experts and other professionals in the legal field will review the records to find evidence of negligence. Outside opinion is vital as it helps you to avoid intimidation and manipulation from the defendant. With outside opinion, it is easier to prove when the doctor or nurse was negligent. A medical expert will ascertain the claim’s validity and make it easier to file the birth injury lawsuit.
Not Every Claim Ends With Settlement Negotiation
Once the notice of intent is sent to the defendant, you must wait for a response. This might take some time, and patience is a virtue that must be exercised. If the defendant denies the claim, the case might go to trials and await the court’s verdict. However, if the defendants accept the claim and opt for compensation, settlement negotiation is the next step. Your lawyer still has a major role in the negotiation process until the settlement amount is agreed upon.
The only consolation that the parent or the child’s family can get after a birth injury is the settlement amount received from the claim. However, not every birth injury lawsuit takes a similar path. They differ in circumstances and challenges. Working with an experienced and reputable lawyer is crucial, but the above things should be expected and help you prepare well for the case’s possible outcomes.