A birth injury lawsuit is a legal process that allows families to take legal action against healthcare providers. It helps families to get financial compensation for the harm that affects their babies due to the negligence of doctors or nurses. Filing a birth injury lawsuit can help you get medical treatment for your newborn child. You can file such types of lawsuits against the nurses, doctors, or any medical staff that you think is responsible for medical negligence. During the birth injury lawsuit, lawyers represent both sides to build a case and try to make an agreement as the case ends.
Families prefer working with experienced and skilled lawyers for birth injury lawsuits. The nature of every case is different, but such types of cases follow the same process. Firstly, you need to find a lawyer with similar expertise and experience as it helps you build the case in your favor. Collecting evidence to strengthen your claim helps you in different ways to win the compensation. Without further ado, let’s find out what you need to know before filing a birth injury lawsuit so that you get the compensation you deserve.
- Free Case Review
You should look for birth injury law firms to get a free case review. It will help you determine whether you are eligible to file a case or not without spending any money. Once your lawyer suggests that you have a strong case, you will also get to know how much money is required to treat your child’s condition. Not all law firms offer free case reviews, so you need to do thorough research to understand all legal aspects of your case free of cost.
- Collect Evidence
Your attorney needs to prove in the court that your child’s injuries are caused due to medical negligence. So, you need to help them gather solid evidence that can help you build a strong case. There is specific information that can be included in the evidence.
Firstly, details of events that occurred before, after, and after the delivery process can be included in the evidence. Then you may also consider the maternal health records that can state issues that occurred during pregnancy. At last, you need to have that medical records that can explain the condition your baby suffered due to birth injury.
- File Lawsuit
Once your lawyers gather all relevant details, they can finally file a formal lawsuit. The doctor or hospital you will sue will be the defendant, and you will be the plaintiff bringing a case to the court.
The proceedings of the court will occur according to the schedule, and both parties have to follow the trial dates. Your lawsuit will demand a specific amount of money from the defendants, and they can respond within 30 days. You will win the case automatically if the defendant does not respond. Also, if they refuse to pay, they have to explain why they are not responsible for your child’s injury.
If defendants respond to the complaint, your attorney needs to collect more evidence and details to make your case strong. You may have to fulfill your lawyer’s demand to provide additional medical records and other documents. It can provide lawyers with useful insights into your child’s birth injury. The statement of your family members, yours, and medical experts is also crucial for the case. You should also provide information to your lawyer, such as how and where the incident occurred and who is responsible for it.
- Settlement Negotiation
A birth injury lawsuit can be resolved through a trial verdict or by a birth injury settlement. Once the defendants agree with the birth injury settlement, they have to pay the total amount to the plaintiff. According to a research study, over 95% of birth injury lawsuits end up in a settlement.
In cases where a birth injury settlement does not work, the cases move to a trial verdict. A jury hears arguments of both parties in the trial and decides whether the plaintiff deserves financial compensation or not. Most birth injury attorneys try to negotiate a settlement. It saves both parties from bearing the hassle of going to court again and again for trials. Also, trials can be costly, time taking, and risky, so settlement is the best option in a birth injury lawsuit. And if the court does not give a final verdict in your favor, you will receive no financial compensation.
- Trial and Appeal
The judge will hear the arguments of both legal teams to make a final decision on the case. As it is above mentioned, if you lose, you will receive no compensation. A losing side can appeal for a trial decision which means the high court will review the case again. It can be the best option that you can consider if you lose. But it may not work in your favor as another side can also try to appeal. The trial and appeal process can last for months and years. It can possibly delay the compensation for your child.
Filing a birth injury lawsuit is not a straightforward process. You need to clearly understand different legal aspects that can make your case strong. Also, you need to be mindful while choosing the lawyers as their experience and competence will help you win the case. You may take a good look at the portfolio of the lawyer before hiring them. It will help you know about their success rate of birth injury cases, so it will be easier for you to make the final decision.