A birth injury can change the lives of your entire family in an instant and is especially tragic as it happens right when your child should be welcomed into the world.
Filing a birth injury lawsuit can be a struggle in itself, but knowing how the process works can help you start the process to obtain the compensation to which you and your child are entitled. The process can be daunting to many families, especially when they have to deal with the ongoing health conditions of their child and uncertainty about their future. However, the process to help your child is easier than you might think once you find the right legal assistance.
When Can You File a Birth Injury Lawsuit?
Childbirth is still a dangerous process that can lead to harm to the mother, child, or both, and may even endanger their lives. Even though medical practices have advanced significantly and infant and maternal mortality rates are at historic lows, there are still dangers to the mother and child through this process. Racial disparities in care are also a major source of injuries and fatalities to Black women and women of color. To compound the tragedy, many affected parents and children never file a lawsuit because they aren’t even aware that they have a case.
In order to file a birth injury case, you’ll first need to prove several different things, including the following:
- The hospital and/or medical professionals involved were negligent and this contributed to the harming of you or your child
- The birth injury in question occurred as a result of this negligence
- The birth injury was reasonably foreseeable in light of the negligent behavior
If you believe that you can prove these conditions existed during your delivery or in the medical care you received leading up to it, then you may be able to file for birth injury compensation.
How Soon Should You File a Birth Injury Claim?
You should begin to collect evidence supporting your birth injury claim as soon as possible after your child is delivered. However, it might take some time for you to even notice that your child has a birth injury. It can take even longer to determine the full scope of their injuries, as filing a claim that’s lower than what they should be entitled to can also be financially devastating to your family. In most cases, you will only have a year or two to file a claim, though in cerebral palsy cases you may have up to ten years depending on the state.
Who Do I Speak to About a Birth Injury Claim Case?
A birth injury lawyer can guide you through the process required to file a claim in your state. They’ll also be able to advise you on evidence gathering to help you obtain the maximum amount of compensation to which you’re entitled.
What Expenses Does a Birth Injury Claim Cover?
A birth injury claim can cover a wide range of current and future expenses that you and your child will face across your lives. These may include medical care, lost wages, lost future earnings power, and ongoing physical and mental therapy. You may also receive compensation for specialized transportation, such as a wheelchair-capable vehicle for cerebral palsy cases. Further compensation may include that for pain and suffering on your part and your child’s.
A birth injury can change the lives of your entire family in an instant and is especially tragic as it happens right when your child should be welcomed into the world. Working with an experienced birth injury lawyer can help you to right some of these wrongs that were visited upon you and your child. It can also help you bear some of the enormous costs you and your family will face in the years ahead.
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