How to Prepare for a Winning Birth Injury Lawsuit

Birth injuries can be especially devastating, with some children suffering from the effects of the injury throughout their lives. Birth injuries can be temporary or permanent, causing a hefty financial and emotional cost for the family. Unfortunately, most birth injuries are preventable and are often caused by a doctor or hospital's negligence. If you are planning to initiate a medical malpractice case, there are some important steps to take to ensure you get the money you deserve.

File a Claim

The first thing you will need to do is file a claim. The amount of time you have to file your claim varies based on your county and state. In some states, you only have two years to file a medical malpractice claim, while in others, you have up to your child's twenty-second birthday. Once the statute of limitations has passed, you will not be able to file your claim, so be sure you understand the statutes of limitations and deadlines and work to start the process.

Some states also require an affidavit of merit to accompany your claim. This affidavit is signed by a medical professional and affirms a worthy cause for your claim. These types of affidavits prevent people from filing frivolous claims.

Wait for a Response

After you have filed your claim, the defendant will have a set amount of time to respond to your claim. This period is typically 30 days. If the defendant does respond, you will either start settlement talks or proceed to trial. The best possible scenario is that the case will be settled without the need for a trial, but your attorney will be available for either possibility.

Gather Evidence

While you wait for the defendant's response, work on gathering your evidence for your case. Gather any photographs, medical records, witness statements, and testimony from expert witnesses. It's best to proceed if the case will go to trial, even if you expect a settlement.

Settlement Negotiations

During settlement negotiations, your attorney will ask for compensation for your child's injuries and related costs. As the result of the doctor's or hospital's negligence, your child may be facing a lifetime disability. They may need round-the-clock care, assistive devices, ongoing medical treatments, and physical therapy. Your child may also require the use of an in-home nurse. In addition, the heavy emotional burden of caregiving may mean your family has to undergo mental health counseling, which can be expensive. Your settlement request will consider your child's past, current, and future needs.

Understand and Go Through the Court Process

If you cannot settle with the defendant, you will have to go to trial and have the case decided by a judge or jury. In this process, you will gather evidence, interview witnesses, and share information with the other attorney. This process is called "discovery" and is a vital part of the process. After this phase, the court will decide whether the defendant will be required to pay damages. If the court finds it in your favor, you will receive compensation from the other party. If the court does not find it in your favor, you can appeal the decision and have it reviewed by another court.

Talk to Your Attorney

When you decide to start the proceedings of a birth injury lawsuit, find a law firm with years, (if not decades), of experience working with families dealing with the effects of birth injuries. Such experts can help you get the compensation you need to adequately care for your child and give them the best quality of life possible. Visit https://birthinjurylawyer.com/ and learn if they could be of help with your case. In addition, most such law firms offer free consultations.

Just so you know, when you decide to file a malpractice claim, you will need to talk to your attorney to ensure you are filing your claim on time and that you will follow the right steps. If your case is decided in settlement talks, you can expect the case to take about three to six months to be decided. If the court progresses to a trial, expect the case to take up to a year to complete.