The birth of a child should be one of the most joyous occasions in a family’s life. However, sometimes complications can occur during labor and delivery that lead to birth injuries in the infant. These injuries, such as brain damage, broken bones, and nerve damage, can have devastating and lifelong effects on the child.
If your baby has suffered a birth injury, you are likely facing an overwhelming amount of stress, anxiety, and uncertainty about the future. Your focus is on getting your child the medical care and therapies they need. However, it is also important not to overlook your legal options. Consulting with and retaining a birth injury lawyer early on can make a significant difference in your child’s long-term well-being.
Here are eight compelling reasons why partnering with an experienced birth injury attorney should be an integral part of your family’s healing process after a birth trauma.
1) Determine if Medical Malpractice Occurred
The priority in any birth injury case should be finding out exactly what happened and why. There are instances where birth trauma is unavoidable due to health conditions, genetics, or other complications. However, many times, it is directly caused by medical malpractice, such as doctor or nurse negligence.
A seasoned birth injury lawyer will initiate an immediate investigation into the circumstances surrounding your delivery experience. You can visit www.childbirthinjuries.com to get more information about pursuing legal action for your case.
A good birth injury lawyer will utilize medical experts who can extensively review medical records, lab reports, equipment readings, fetal monitor strips, and other evidence. The goal is to uncover any medical errors or protocol violations that may have resulted in your baby’s harm.
2) Maximize Compensation for Your Child
If it is determined that malpractice did occur, you have legal grounds to pursue maximum financial compensation through a birth injury lawsuit. Money cannot undo the damage, but it can provide for your child’s extensive future medical needs and therapies.
A skilled birth injury attorney will build the strongest case possible to recover damages for all the ways the injury will impact your child’s life. This includes lifelong medical costs, loss of future income and earning capacity, rehabilitation services, accessibility needs, pain and suffering, and more.
3) Negotiate with Insurance Companies
Medical malpractice insurers are notoriously reticent to accept responsibility and quick to deny claims outright. They will often use stalling and delay tactics, request multiple records and statements, dispute the validity of expert reviews, and do anything possible to avoid paying out a settlement.
Insurers bank on wearing down individuals to the point where they will accept a lower settlement just to be done with the legal process. Your lawyer is a skilled negotiator who knows how to aggressively counter the insurance companies’ arguments and extract the maximum possible settlement offers.
An experienced birth injury law firm has the resources and leverage to level the playing field so insurers cannot take advantage of distraught, overwhelmed parents who lack proper legal representation. Your attorney will fight relentlessly to get you the best settlement.
4) Navigate Complex Laws and Regulations
Every state has different statutes of limitations and other laws of birth injury cases. An experienced attorney will know these regulations inside and out. They can ensure compliance with all legal protocols and filings so your case is not jeopardized. Navigating the intricate personal injury legal system on your own is extremely difficult, if not impossible.
Your lawyer will handle all aspects of the case appropriately – preserving evidence, coordinating expert testimony, meeting all deadlines, and facilitating fair settlement offers.
5) Reduce Stress During the Claims Process
The insurance claims process is invariably emotionally taxing and frustrating for parents. Having a dedicated legal advocate by your side can significantly alleviate the distress parents feel when dealing with insurers. A qualified birth injury lawyer interfaces directly with the insurance companies and absorbs the brunt of their stalling, denial, and interrogation tactics, so parents don’t have to constantly engage with them.
6) Cover Costs of Litigation
Expert medical testimony, evidence analysis, case research, legal filings, and other litigation costs can amount to tens of thousands of dollars or more. However, reputable birth injury firms work on a contingency fee basis.
This means you pay nothing upfront. The attorney covers all costs and only collects a fee contingent upon winning your case. If they don’t obtain compensation for you, you don’t pay them a dime. This ensures access to experienced legal counsel regardless of your current financial situation.
7) Go to Trial If Necessary
In some instances, insurance providers will refuse to settle a substantial birth injury claim. If negotiations reach an impasse, your lawyer will not hesitate to take the case all the way to court. An experienced trial attorney can win big jury verdicts against even the most defiant insurers.
Having representation ready to go to trial gives parents far more leverage in negotiations. Insurers will be motivated to settle out of court to avoid the risk of an even larger verdict plus legal fees.
8) Allow You to Focus on Your Child
The legal and medical complexities can become all-consuming after a birth injury. But as a parent, you need to expend energy on caring for your baby and supporting their development. Allowing an experienced attorney to handle the legal aspects while you focus on your child will serve your family best in both the short and long term.
Partnering with a lawyer gives parents the peace of mind that comes with professional representation. With medical and legal matters covered, you can concentrate fully on the well-being of your child.
The aftermath of a birth injury presents many medical and legal challenges for families. Trying to navigate these two complex worlds while also caring for an injured child can be extremely draining both financially and emotionally. However, an experienced birth injury attorney can shoulder the legal burden so parents don’t have to carry it alone.