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The Benefits of a Birth Injury Settlement

A settlement for a birth injury can aid in the payment of medical expenses which can be expensive. The amount of compensation you receive will depend on the severity and type of the birth injury your child was injured.

Cerebral palsy typically result in lifelong cost of care. These expenses are referred to as economic damages and are not subject to caps on the maximum amount.

Compensation

When doctors and nurses make mistakes during childbirth that cause permanent, life-changing consequences for the baby and/or mother, they may be held liable under the laws governing medical malpractice. In certain cases, the court may give compensation for the damages, such as pain and discomfort, loss of consortium and future physical therapy, medical expenses and much more.

A birth injury lawsuit can also seek compensation for other costs which could have been avoided if the doctor did not commit malpractice, such as lost income or reduced earning capacity. Parents who spend time caring for their disabled child frequently have to quit their jobs, which can result in substantial financial losses. In addition some birth injuries require expensive equipment and modifications to the home, which can create a lot of expenses.

Lawyers usually start the claims process by submitting an application to the doctor or hospital's malpractice carrier, including an extensive description of the incident and all relevant documentation. The insurance company will examine the claim and either accept or deny it. If the company declines the offer, attorneys will file a lawsuit.

Some states have an indemnity plan for birth injuries which decreases the amount of medical malpractice premiums or charges charged by doctors. These funds may not cover the costs of a lifetime's worth of care. They also don't stop plaintiffs from seeking financial damages from other defendants, such as the hospital in which the negligence occurred.

Expert Witnesses

The medical professionals involved in a birth injury lawsuit owe the mother and child the obligation of adhering to the accepted standards of care. If the healthcare provider fails to meet this obligation and it leads to an injury, they may be liable for malpractice. Proving this claim requires expert witnesses, typically physicians who are in the same or similar field who can describe the standard of practice in layman's terms and how the defendant medical professional breached that standard.

A birth injury lawyer who has experience will know how to gather and present expert witness testimony. They have the knowledge to anticipate and counter defenses of healthcare providers, to ensure that the case will be presented in the most favorable light.

Your attorney will help determine the total value of your losses, and will prove it in the court. These are both economic and non-economic ones like medical expenses such as pain and suffering, lost income.

A skilled birth injury lawyer is well-versed in dealing with insurance companies, and knows the tactics that insurers use to force victims into accepting lower-priced offers. An attorney can assist you resist these pressures and help move the case forward until the medical professionals are willing to accept a settlement. Your lawyer may make a legal claim to force them into negotiations on good faith if they refuse.

Statute of limitations

There are strict deadlines for filing claims on behalf of children who have suffered birth injuries. For instance, medical negligence claims stemming from injuries to the mother generally must be filed within two years from the date of the negligent act or omission that led to the claim. Birth injury claims based upon injuries to the child are usually allowed until the child attains the age of 10.

To prove your argument, you need to prove that the medical professional who treated your child did not adhere to the standards in place. This may require a thorough review of medical reports and tests, and it could involve a thorough interview with other nurses, doctors and hospital staff who were observing the birth and labor process.

If you can prove that a medical professional did not to meet the standards of medical care, that does not mean that you will automatically be able to win your case. You must also prove that the negligence directly caused your child's injuries. This is known as causation and is an extremely litigated issue in medical malpractice cases.

Selecting an attorney with the resources to construct your case and get through trial is essential. The lawyer you choose to work with will typically advance costs for litigation and only be paid if you are awarded compensation. This lets you concentrate your focus on the healing of your child and also provides financial security in the event of a lengthy trial.

Time Limits

Every state has a statute of limitations, also known as a timeframe within which you must start a lawsuit. This limit ensures that legal matters are pursued in a timely manner, and even if physical evidence is available and witnesses' accounts remain fresh. In cases involving birth injuries the statute of limitations is usually two and two-and-a-half years from date of the accident or negligence.

There are some exceptions to this rule for injuries sustained by infants. For instance, New York laws allow for a longer statute of limitations for medical malpractice claims made on behalf of infants, extending the deadline to 10 years following the birth of the child.

An experienced birth injury attorney will be familiar with the particulars of the statute of limitations for each state. They'll be aware of any special considerations associated with cases involving birth injuries for children. For instance, a large number of birth injuries involve substantial economic damages, including the possibility of losing future income (or loss of life expectancy) as well as future and past medical expenses. Economic damages do not have a maximum cap and can be a significant factor in the value of the case.

A good birth injury lawyer will be experienced in the process of working with insurance adjusters. They will be able to spot a low-ball offer and make use of their expertise to counter-offer a fair settlement amount. In certain situations it is possible to settle without going to court. In other cases, a trial may be necessary to receive the amount you deserve.