As reported by the Centers for Disease Control, nearly seven out of every thousand children are born with birth injuries. This includes things like Cerebral palsy, Erb’s palsy, and other brain injuries, as well as other physical injuries that occur to babies during labor and delivery. These injuries are often caused by medical malpractice or negligence from the nurses or doctors delivering the baby. These injuries can have long-term effects on both the child and their families. If your child suffered an injury during birth, it is possible to get compensation for any wrongdoing that may have occurred, but is hiring a birth injury the way for you to go? In this article, we’ll discuss how to hire a birth injury lawyer and why it can be beneficial for your family in the long term.
Do I Need a Birth Injury Lawyer?
If your child suffered injuries during the birth process or has started to show signs of issues from complications directly related to your birth process, you might need to find a qualified professional birth injury attorney if you’re thinking about seeking damages. Here are some of the reasons why you should hire a birth injury lawyer:
Legal Expertise and Experience
Navigating a lawsuit on your own or with an inexperienced attorney can be extremely difficult and much more stressful without the proper guidance. One of the biggest reasons you need to find an experienced birth injury is that they are professionals and have experience dealing with insurance companies and malpractice lawsuits. They thoroughly understand the laws, the statutes of limitations in these cases, and how to represent your best interests.
Understanding of Medical Records
In birth injury cases, complex medical records and terminology are often used. We are not experts in medical records and their terminology like an experienced birth injury attorney would be. They will be able to interpret medical records, work with medical experts, and properly identify instances of negligence or medical malpractice.
Determination of Liability
The biggest key in birth injury cases is proving liability. An experienced attorney will be able to investigate the circumstances surrounding the injury, identify the people responsible, and build a compelling case against them using the evidence they have gathered through medical records, meeting with medical experts, and gathering testimony.
Pursuit of Compensation
Birth injuries can lead to long-term effects, including physical ailments and developmental issues in children. In some cases, they can even lead to death. These injuries can often result in substantial medical expenses, ongoing care, and lost income due to parents having to perform caregiving duties. A professional attorney will calculate the extent of the damages and fight for you to get the fair compensation that you and your family deserve.
Birth injury cases will often involve negotiating with insurance companies and defense attorneys. Negotiations are normal in these cases and typically end in settlements. An experienced birth injury attorney will have experience as a skilled negotiator, aiming to get the best possible settlement and compensation for you and your family.
Qualities of a Good Birth Injury Attorney
When you’re looking for a birth injury attorney, it’s crucial that you look for several key qualities in your attorney. These qualities can have a significant impact on the success of your case and your experience with legal representation. In this section, we’ll look at some of the top qualities you should look for in your birth injury lawyer.
Expertise and Experience
When looking for your representation, do your best to find an attorney who specializes in birth injury cases and medical malpractice lawsuits. While personal injury attorneys may be able to assist you, finding an attorney with experience in birth injuries will be more beneficial for you in the long run. The attorney should have experience handling these types of cases and a deep understanding of how complex birth injury litigations are.
Medical Terminology Knowledge
Another key quality that your birth injury lawyer should possess is a strong knowledge and understanding of medical terminology. This includes grasping the terminology and the ability to interpret complex medical records, which can be crucial in these types of cases. An attorney who has the proper medical knowledge will be able to communicate effectively with medical experts and identify critical details to support your case.
Proven Track Record
When looking at birth injury attorneys, check their success rate and the outcomes of their previous cases that dealt with birth injuries. If the attorney has a history of favorable settlements or successful verdicts, it shows that they have the ability to achieve positive results for their clients.
Any good attorney should have solid negotiation skills. However, when it comes to birth injury cases, they will be going up against very powerful and knowledgeable insurance companies and their defense teams. If an attorney has good negotiation skills, they can advocate for your rights and be able to get you and your family a favorable settlement.
Although most birth injury cases settle before they go to trial, there is always the possibility that your case may go to court. If that’s the case, you want to make sure you have an attorney with significant trial experience. Their confidence and competency can lead to a successful case for you and your family.
How To Hire a Birth Injury Lawyer
If you’re looking at hiring a birth injury lawyer but aren’t sure what your next steps are or how to find a quality birth injury lawyer, don’t worry! In this section, you’ll find a step-by-step guide on how to find the best birth injury lawyer to help you fight for the compensation you deserve!
Start Your Search for an Attorney with a Focus on Birth Injury Cases
After your child has experienced a birth injury due to potential medical malpractice or negligence, you should consider hiring a birth injury attorney. Start by looking for recommendations from family and friends who have connections or have experienced something similar. Social media can also be a great way to connect with people who have been in similar situations and could potentially have worked with a qualified birth injury attorney in the past. Conduct your research and identify attorneys or law firms that specialize in birth injury lawsuits in your local area.
Check Qualifications, Experience, and Reviews
Once you have identified a few attorneys with experience and track records in handling birth injury cases, do your best to verify their credentials and look specifically for testimonials or reviews that speak to their strengths. Look to see how their former clients speak about them in reviews and how satisfied they were with their representation.
Schedule Your Consultation
Most lawyers will do a free consultation with prospective clients. Take full advantage of this opportunity as you determine whether or not they will be a good fit for you. The attorney will also be hearing the specifics about your case and determining whether or not they will be able to take on your case. Your initial consultation will cover the specifics about damages, any evidence that you may have to prove your case, information about the medical staff and what they may have done that proves they are liable for the injuries, and details about when the injury occurred to make sure you are within the statute of limitations, if applicable.
Ask the Right Questions in Your Consultation
After you’ve done your research and scheduled your consultation with an attorney, the time has come for you to meet with your potential representative. During this consultation, you should ask the attorney some key questions to determine if they are the right fit for you.
Ask about experience: Experience in birth injury cases is critical. Don’t hesitate to ask the attorney for a case history. You want to make sure that the attorney you’re planning to hire is experienced in birth injury cases and doesn’t take on mainly personal injury or other types of injury cases with little experience in birth injuries. Ask them how many birth injury cases they’ve had in the last few years and how extensive their experience is with these types of lawsuits.
Ask about accreditations: Professional memberships and accreditations can be a good indicator of the quality of the attorney you could be working with. If they are board certified, it generally means they have a combination of several years of experience in a relevant field, a solid case history, and peer reviews. Ask the lawyer if they are certified by a board or a state bar association, have received any awards or noteworthy accomplishments during their time, and have ever faced disciplinary actions.
Ask how they feel about your case: During the consultation, the goal is to explain your case and determine if the attorney is a good fit, but the attorney is also determining whether or not they should take on your case. Ask the attorney what they think about your case overall, what kind of damages you could expect to see as a result, how long it should take, and any challenges that they see in your case.
Ask about their case history: An experienced birth injury attorney should be able to give you a detailed case history of their birth injury lawsuits and settlements that they have won on behalf of their clients. Ask the attorney how many of their birth injury cases were settled before making it to trial and if you can speak to a recent client about their experience.
Ask about their working style: Attorneys are all different in how they work for their clients. Some prefer a one-on-one style, while others prefer to work with a team of paralegals and other attorneys. Ask the attorney how their working style will help you win your case, how much input they want from their client, and, if there is a disagreement, how they will handle it.
Resources for Victims
Experiencing an injury during the birth process can have long-lasting effects on both the child and the families involved. While it may feel like there is a long road ahead, you don’t have to feel like you don’t have any support in your corner. In this section, you will find some helpful resources and organizations designed to help you get the support you need during this trying time.
Birth Injury Center
The Birth Injury Center is an organization dedicated to providing all means of support for families who have been the victims of birth injuries. They are a team of dedicated medical and legal experts who can provide legal and medical guidance and other resources to these families during their time of healing and acceptance. They help parents identify and manage their child’s birth injury, discuss the best treatment options, and provide legal assistance to help with treatment and other ongoing medical expenses. They aim to educate and inform pregnant people about birth injuries so they are best prepared on how to prevent them or deal with them once they happen. You can find their website here.
The Birth Injury Justice Center
The Birth Injury Justice Center was founded in 2003 by a team of legal professionals who had firsthand experience in taking action against medical negligence that resulted in birth injuries. The organization was created as a helpful resource for victims of birth injuries and their families. Their mission is to provide legal guidance and information to help serve the families whose lives have been affected by birth injuries. The Birth Injury Justice Center has two decades of experience representing families in their birth injury cases that were a result of medical negligence or improper medical care. You can find their website here.
The website birthdisorders.org is an online resource dedicated to victims of birth injuries and birth disorders and their families. Their mission is to provide support for families of children who are born with birth disorders. They offer victims and their families medical, financial, and legal resources. They have resources to help you understand your child’s diagnosis and symptoms, to help you find the proper treatment for your child, and to help you find financial aid opportunities that may be available. They also offer legal resources and guidance to help you get started on a birth injury lawsuit.
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