Best Birth Injury Attorneys in Jackson

FAQs

• What is the statute of limitation for birth injury cases in Jackson?

  The statute of limitations for birth injury cases in Jackson and throughout Mississippi is two years from the date of discovery. This necessitates filing a lawsuit within two years of the claim accruing. It should be noted that once a child reaches the age of 18, they have the option to file a separate personal injury lawsuit.

• Can you file a birth injury case if your doctor failed to perform a C-section in Jackson?

  C-sections are performed when a normal delivery would be unsafe for both the mother and the child. When filing a medical malpractice case in Jackson against a doctor who failed to perform a C-section, a number of factors must be considered. You may be able to file a birth injury lawsuit if it can be established that your doctor was unable to reasonably monitor the pregnancy and failed to determine that a C-section was necessary.

• What types of compensation can you pursue in Jackson for a birth injury case?

  You may seek both economic and non-economic damages in a birth injury case in Jackson. Economic damages are monetary compensation for lost wages and all medical bills, including past and present. You may also seek damages for pain and suffering as non-economic damages, both for you and your child. Please note that economic damages also apply to future earnings in a child's lifetime. Punitive damages, though uncommon, can also be claimed.

• How long does a birth injury case last in Jackson?

  In Jackson and across the United States, birth injury cases commonly transpire over 18 to 24 months, contingent upon their unique circumstances. Settlements are frequently arranged instead of opting for a trial. According to the Journal of the American Medical Association, the average duration for resolving a birth injury lawsuit is around 25 months. Hence, in Jackson specifically, the timeframe for a birth injury case aligns with this average, varying based on the intricacies and individual details of each claim.

• What are the main factors to determine if you can file a birth injury case in Jackson?

  You and your lawyer will need to establish the three main elements of a birth injury case before filing a birth injury case in Jackson. The first and second elements are whether there was a reasonable level of care expected from your physician and whether it was provided to you in accordance with the standards of care. The third factor is whether your doctor's negligence directly caused the birth injury. Another medical expert's testimony will be required to establish your case.