The Benefits of a Birth Injury Settlement
A birth injury settlement can aid in the payment of medical expenses which can be expensive. The amount you receive may depend on the kind of birth injury that your child sustained.
Birth injuries that are severe, like cerebral palsy are often the cause of lifelong expenses for care. These expenses are known as economic damages and are not subject to caps on maximum amounts.
Compensation
When doctors and nurses make mistakes during childbirth that result in permanent, life-altering effects for the baby or mother who has been injured or both, they could be held accountable under the law of medical malpractice. In some cases, the court may give compensation for the damages, such as pain and discomfort, loss of consortium and future medical expenses, physical therapy, and more.
A birth injury lawsuit may also seek reimbursement for costs that could have been avoided if the doctor not committed malpractice. This includes lost income and reduced earning capacity. Parents who care for their disabled child typically have to quit their jobs, which can result in substantial financial losses. In addition, some birth injuries require expensive equipment or modifications to the home, which could add up to high expenses.
Lawyers begin the claim process by submitting an initial demand package to the malpractice insurer of the hospital or doctor with a full description of the injury as well as all relevant documents. The insurance company will then look over the claim and either accept or deny it. If the insurance company rejects the offer, lawyers will start a lawsuit.
Certain states have indemnity funds for birth injuries, which can reduce the amount of medical malpractice insurance premiums or charges to doctors who specialize in obstetrics. These funds may not be able to cover the costs of lifetime care. Furthermore they do not stop plaintiffs from seeking monetary awards from other defendants, for instance, the hospital where the negligence took place.
Expert Witnesses
The medical professionals involved in a birth injury lawsuit have a responsibility to the mother and child the obligation of following their profession's accepted standard of care. If a healthcare professional does not fulfill this duty and causes an injury, they may be liable. Proving this claim requires experts, usually doctors who are in the same or similar field who can explain the rules of practice in layman's terms and the way in which the medical professional violated that standard.
An experienced birth injury lawyer will know how to obtain and present the best expert witness testimony. They also have the experience to anticipate healthcare professionals defenses and counter them so that the claim is presented in the most favorable light.
Your attorney will also help you to calculate your total losses and then prove that they are there in court. These include non-economic and economic damages, such as medical bills or pain and suffering loss of enjoyment of life and loss of income.
A good
birth injury lawyer is experienced in negotiation with insurance companies and knows the tactics that insurers often employ to pressure victims into accepting lowball offers. Your lawyer can assist you in resisting these pressures, and keep your case on track until the malpractice insurers of the medical professionals agree to accept a settlement. If they refuse the offer, your attorney may file a lawsuit to force them to negotiate in good faith.
Statute of limitations
There are strict deadlines for filing claims on behalf of children who have suffered
birth injury lawsuits injuries. Medical malpractice claims based on the mother's injuries are generally filed within two-years of the wrongful act that led to the claim. Contrarily, birth injury claims based on injuries sustained by the child can generally be filed as long as the child is 10.
To build a strong case, you have to establish that the medical professional who treated your child erred in the lawful standard. This may require a thorough review of medical documents, tests, and interviews with other nurses, doctors and hospital staff who witnessed the birth and labor.
Even if you show that a medical professional did not to provide the required care, this does not mean that you automatically win your claim. It is also necessary to prove that this breach of duty directly contributed to your child's injuries. This is called causation, and it is a hotly debated topic in a variety of medical malpractice cases.
Selecting an attorney who has the resources to construct your case and to go through trial is essential. Your lawyer is likely to pay for the costs of litigation and only be paid when they get compensation for you. This lets you concentrate on your child's recovery, and provides a sense of financial security that you can rely on in the event of a long and drawn-out trial.
Time Limits
Each state has its own statute of limitations, also known as a timeframe within which you have to make a claim. This restriction ensures that legal matters are pursued in a timely manner, and when evidence from the physical remains accessible and the testimony of witnesses remain fresh. For birth injury cases the statute of limitation is typically two and two-and-a-half years from date of the negligence or mishap.
However, there are exceptions for injuries sustained by infants. New York law, for instance, allows for longer time limits on medical malpractice claims for children. The deadline is extended to 10 years after the date of birth for the child.
A skilled birth injury lawyer will know the specifics of each state's statute of limitations. They'll be aware of any unique concerns that arise from a child's birth injury case. For instance, many birth injury cases result in significant economic damages, which include future loss of income (or loss of life expectation) as well as future and past medical expenses. Economic damages are not subject to caps on maximum amounts and thus increase the potential value of the birth injury case.
A good birth injury lawyer will be well versed in the process of negotiating with insurance adjusters. They will be able to spot a low-ball settlement offer and fight it with an appropriate amount. In certain situations it is possible to have a settlement reached without the need for court. In some cases there is a need for trial to ensure you receive the compensation you deserve.