How Long Does a Birth Injury Case Take? Staff Profile Picture
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Birth injury cases can vary in how long they take to resolve, depending on factors like complexity and the willingness of both parties to settle. On average, these cases can last for several months to several years. When a child suffers harm during childbirth due to medical negligence, the family may seek compensation for damages and medical expenses.

According to a study in the Journal of the American Medical Association, the incidence of birth injuries in the United States is around 27 per 1,000 live births. These injuries can result from various factors, like oxygen deprivation or delivery trauma.

Birth injury cases involve thorough investigations, expert testimonies, and evidence collection to determine liability. Experienced birth injury lawyers can help families navigate the legal processes and strive for the best possible outcome.

Hiring a Birth Injury Lawyer

Hiring a birth injury lawyer is crucial if you suspect your child has been harmed due to medical negligence during birth. To find the right attorney, start by researching local birth injury lawyers or those specializing in medical malpractice. Look for experienced lawyers with a good track record in handling birth injury cases. Check online reviews and ask for recommendations from friends or family. Schedule consultations with a few top candidates to discuss your case and evaluate their communication style and approach. Consider the fee structure and make sure there are no conflicts of interest. Ultimately, choose the lawyer you feel comfortable with and who shows genuine concern for your situation. Signing a written agreement will seal the deal and set the terms of representation. Remember, a skilled birth injury lawyer can significantly impact your case’s outcome and help you seek justice for your child’s injuries.

What’s The Difference Between a Birth Injury Lawyer and a Personal Injury Attorney?

There isn’t one. A personal injury attorney handles a broader range of injury cases, which may or may not include birth injuries. A birth injury lawyer specializes in cases related to childbirth injuries caused by medical negligence. Basically, most birth injury attorneys or personal injury attorneys, but not all personal injury attorneys handle birth injury cases.


In a birth injury hearing, the legal process can differ depending on the case and location. These are the general steps:

Preparing for the Trial

Before the hearing, both sides collect evidence, talk to witnesses, and investigate the details to build their cases. This phase can take several months as both parties conduct investigations.

Jury Selection (if applicable)

If a jury is involved, both lawyers choose unbiased jurors for the trial. Jury selection may take a few hours to several days, depending on the availability of jurors and the complexity of the case.

Opening Statements

Lawyers present their case’s main points and what they plan to prove. Each side typically spends around 30 minutes to an hour for their opening statements.

Presenting Evidence

Each side shows evidence like medical records, expert testimonies, and witness accounts. The time for presenting evidence can range from a few days to several weeks, depending on the complexity and volume of evidence.

Questioning Witnesses

Both sides question each other’s witnesses to challenge their credibility and clarify facts. The duration of witness questioning varies depending on the number of witnesses and the complexity of their testimonies.

Closing Arguments

Lawyers summarize their case and ask the jury (or judge) to rule in their favor. Each side usually spends around 30 minutes to an hour on their closing arguments.

Jury Deliberation (if applicable)

Jurors discuss the evidence and reach a verdict. If no jury, the judge decides. Jury deliberation time can vary significantly. It may take several hours to several days or even longer if the case is exceptionally complex.


The jury or judge announces if the defendant is liable and the compensation, if any. The time it takes for the judge or jury to reach a verdict depends on the complexity of the case and the deliberation process, but it’s usually within a few hours to a few days.

Post-Trial Motions (if applicable)

Either party may file motions to challenge the verdict. Filing and resolving post-trial motions may take several weeks or even a few months.

Appeals (if applicable)

Unsatisfied parties can appeal to a higher court. The duration of the appeals process can be lengthy, often taking several months to years, depending on the appellate court’s schedule and the complexity of the case.

When Will My First Hearing Be?

The first hearing in a legal case, like a birth injury case, can happen at different times for different people. It depends on things like how busy the court is, how complex the case is, and other factors. Usually, it takes a few months after filing the lawsuit, but the exact timing varies based on the individual case. Your lawyer can give you a better idea of when to expect it. Just be prepared for some waiting and keep in touch with your attorney throughout the process.

Why Do Birth Injury Cases Take So Long to Resolve?

Birth injury cases often take a long time to resolve because of various reasons. Medical complexities require detailed investigation and expert testimony. The legal process and the willingness of both parties to reach a settlement also influence the case length. Patience and cooperation are crucial throughout the process.

Complex Medical Issues

Birth injury cases can get complicated because of the medical issues involved. It takes a lot of in-depth analysis and expert medical testimony to figure out the cause and extent of the injuries. Medical experts have to go through lots of medical records and conduct thorough evaluations to give their opinions. It’s a critical part of understanding what happened and who might be responsible for the injuries.

Collecting Evidence

Collecting evidence in birth injury cases takes time and effort. It means gathering medical records, talking to witnesses, and seeking expert evaluations. Sometimes, there are multiple parties, like doctors, hospitals, and insurance companies, involved, which makes things even more complex. Dealing with all these elements can be challenging, but it’s crucial to build a strong case and find out what truly happened during the childbirth process.


The legal process can take quite a while in birth injury cases. Scheduling court hearings, depositions, and other legal stuff can be time-consuming. It all depends on the court’s busy schedule and when everyone involved is available. Sometimes, delays happen, and it can be frustrating. But staying patient and cooperating with your lawyer is essential to move things forward and get a fair resolution.

Willingness to Settle

The willingness of both sides to settle plays a big role in how long birth injury cases take. If they can’t agree on a fair resolution, the case might end up going to trial, which adds more time to the whole process. It can be a real challenge when both parties have different perspectives on what’s fair, but sometimes, a trial is the only way to reach a resolution and get justice for the injured child and their family.


A continuance can really mess up the timeline of a birth injury case. It happens when a court hearing or trial gets rescheduled to a later date. This delay can be frustrating for everyone involved, and it can make the whole case take longer to resolve. On the upside, it gives both parties more time to prepare their arguments and evidence. But it can also mean higher legal costs and more stress. Plus, it might affect witness availability and the strength of the evidence. Overall, it’s essential for both sides to work closely with their lawyers during this time.

How To Find the Best Birth Injury Attorney

When looking for a birth injury attorney, experience matters, but feeling comfortable with them is vital, too. Use free consultations to ask about their years of experience, fees, and who handles the casework. Find someone who listens and believes in a positive outcome. Seek referrals from friends and check online reviews if you’re unsure. Find a top-ranked birth injury attorney through the directory.

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