It’s generally safe to say that no one expects to have to file a birth injury lawsuit at some point in their life. Unfortunately, as the above statistics highlight, there are a lot of people who end up having a child with a birth injury, and ultimately have to take the necessary steps forward with the legal process. If you count yourself in this category, then allow our birth injury attorneys to provide some insight on how to prepare, what to expect, and what to do next.
What are some of the symptoms of birth injuries?
There are some birth injuries that reveal themselves immediately, and some birth injuries that come to light over time.
Immediate birth injury symptoms include:
- Bulges on the baby’s head.
- Difficultly breathing.
- Either no movement or limp in affected limbs.
- Having an arched back while crying.
- Having an extremely pale or blue appearance.
- Seizures or spastic movements.
While some symptoms of a birth injury reveal themselves right away, others show up during important developmental steps. Some of these injuries include:
- Difficulty with speech.
- Issues with gaining weight.
- Frequent and abnormal outbursts.
- Hitting milestones late. This can include crawling, sitting alone, grasping objects, etc.
- Poor growth.
How do I know that I need to file a birth injury lawsuit?
If your child has any of the aforementioned injuries, then this means you will most likely also have a future full of incredibly expensive medical expenses. This can include an in-home nurse, medication, therapy, wheelchairs, etc. It is not uncommon for some of these expenses to add up to millions of dollars. Unfortunately, most families cannot afford millions of dollars worth of healthcare. A qualified birth injury law firm can help you recover financial awards that will allow you to give your child the health care they deserve without having to worry about how to pay for it.
When should I file a birth injury lawsuit?
When it comes to taking legal action for a birth injury your child sustained, sooner is better than later. It is extremely important that you consult with a birth injury lawyer as soon as possible; once the hospital confirms that your child has a birth injury, there is a chance they will send a representative to speak with you. More often than not, this representative’s goal is to get you to settle for a sum of money that may sound like a substantial amount at the time, but doesn’t come close to covering the medical expenses needed to pay for your child’s healthcare throughout the rest of their life.
You also do not want to put off getting a treatment plan put in place for your child. Once the care for your child has begun, you need to meet with a birth injury attorney. Why? Because the more serious birth injuries require an experienced specialist to create a thorough treatment plan for your child, which generally cannot begin until the family is able to pay for the treatment to begin. It is not uncommon for the family not to have the funds to begin treatment until they recover financial awards from a birth injury lawsuit. Considering the fact that a birth injury lawsuit can take anywhere from months to years, your child will be closer to getting the treatment they need the sooner you consult with a birth injury lawyer.
How long does trial take for a birth injury lawsuit?
While it all depends on the details of the specific case, it is not uncommon for birth injury lawsuits to take years at a time. It ultimately depends on the type of documentation you need in order to support your case. If you only have witnesses with a sub-par memory, then chances are your case will take longer than someone who has documents clearly outlining facts pointing toward the birth injury.
Do I need specific documents before going to trial?
A birth injury law firm will be able to help you collect the documents needed to ensure your case is as strong as possible. Generally, you need to make sure you have every document the hospital has ever given you regarding your child. Even if you think that some paperwork is irrelevant, an experienced birth injury lawyer will be able to explain that it is still important to have documents that state the name of the medical personnel who worked with your child, as well as have proof that your pregnancy was normal up until the birth injury occurred.
What is the statue of limitations on birth injuries?
Another reason to consult with a birth injury lawyer sooner rather than later is to ensure you file your lawsuit within the outlined deadline. According to each state’s statue of limitations, each birth injury case must be filed within a certain time frame. Depending on which state you live in, it is important to be familiar with their statue of limitations so you do not jeopardize your potential compensation and claim.
When it comes to most birth injury cases, there is usually a specific statue of limitations called the discovery rule. This means that the timeline for a birth injury does not start until symptoms are discovered, regardless of when the injury was actually incurred. However, even though most states give you a couple of years to file your birth injury lawsuit, you do not want to wait too long. Otherwise, you run the risk of losing evidence.
How will an experienced birth injury lawyer help my child and I?
By enlisting the help of a birth injury attorney from USAttorneys.com, they will be able to tell you whether or not you have a valid case. From there, your birth injury lawyer can go through your documents, evidence, witness list, and any other information in order to determine an appropriate settlement you may be entitled to.
Once the logistics have been worked through, your birth injury attorney will handle the litigation process on your half, leaving you more time to take care of your child. If you end up having to go to trial, your birth injury lawyer will prepare you for what to expect in the courtroom. With the help of USAttorneys.com, you can rest assured knowing both you and your child are in safe hands from our Personal Injury Lawyers.
