BirthInjury FYI

Birth injury lawyers and attorneys -
info on lawsuits, settlements, claims

Filing a Birth Injury Lawsuit

Birth injuries often have consequences for the victim throughout life, limiting employment opportunities and independence, and presenting substantial extra costs in medical treatment and personal assistance. As time passes, these expenses add up. Obtaining a large settlement eases some, if not most, of the financial burden for birth injury victims.

Before filing a lawsuit, however, the reality of the work involved must be weighed against the potential for financial restitution. Consulting with a birth injury lawyer and even getting a second opinion will help if you are deciding whether or not to file a birth injury lawsuit. A lawyer will be the best judge of where you should set your expectations and how long the process could take. A large settlement may lessen the load on you or your loved one for a lifetime, but you must be prepared for a lot of work – and a lot of waiting – beforehand.

Finding a Birth Injury Lawyer

To obtain a fair settlement in a birth injury case, a lawyer must be able to exhibit that the care provided by the medical team or hospital in question was not up to par with the standard of care expected within the medical profession. Expert medical testimony will be necessary in most cases. Medical care providers and the groups that insure them normally maintain staunch resistance as birth injury rewards are usually substantial and a verdict favorable to the victim has the potential to harm the doctor’s reputation. If you have a birth injury case, you want to be backed by a lawyer with experience and expertise. Here are some questions to ask yourself when choosing a birth injury lawyer:

Does this birth injury lawyer have the financial resources to handle your case well?

Be sure that the law firm handling your case has the financial resources to employ the experts needed to build your case, and to withstand a long battle and possibly an appeal. Proving that a birth injury occurred as a result of negligence may involve extensive research and the assistance of outside medical professionals. Birth injury victims and their families often choose to hire larger firms because they have the financial resources to stand against insurance companies.

Does this birth injury lawyer have contacts with people that will be able to provide expert testimony (especially medical professionals)?

Choose a birth injury attorney who has professional contacts with people in the medical field. The testimony of respected, medical experts will benefit your case. In addition, the knowledge, advice, and guidance of these medical professionals will help your attorney build a sound case.

Does this birth injury attorney have the education and expertise necessary to build a case that will stand ground when faced with heavy opposition?

A good birth injury attorney will make staying on top of changes in both legal and medical standards a habit. In his or her resume, you should be able to identify a commitment to continuing education through either coursework or involvement in professional societies. A birth injury lawyer who is dedicated to “keeping current” will be able to foresee potential setbacks and will have the capacity to build a strong case. An additional benefit of choosing a lawyer who is educated on birth injury and medical negligence topics is that he or she will not need to spend time doing catch-up work before building your case.

Ask questions and look around until you are confident that your representation is reliable in these areas.

A few more things to consider…

Take a moment to check how the lawyer or firm you will be working with operates. Do the legal secretaries and other legal assistants seem competent and professional? These legal professionals may be handling the paperwork associated with your case – make sure the office is strong administratively.
Find out how you will be paying and what costs you will be responsible for. Most birth injury lawsuits are handled on a contingency fee basis, but filing costs and other expenses may be your responsibility as well.
When deciding if a birth injury lawyer’s fees are reasonable, take into account the lawyer’s level of experience. A lawyer with a high level of expertise may charge more than a less experienced lawyer, but he or she may be able to resolve your case more quickly, and secure a larger settlement.
Compare the benefits of working with a sole practitioner with those of working with a small, mid-size, or large firm. A larger firm will often have greater financial resources, but a smaller firm may offer the specialization and personal attention you are looking for.
Avoid stalling on filing a birth injury lawsuit. Different “statute of limitation” deadlines set a timeframe in which you must file suit. A birth injury or medical malpractice attorney will be able to advise you on the laws applicable to your case.
A tip for bringing legal costs down is to be prepared on your end. If possible, have your paperwork together and do some of the legwork yourself. This will help expedite the process and may reduce extra costs.