Birth Injury Legal Help

Birth trauma cases are basically personal injury cases that involve alleged medical malpractice. Therefore, they proceed through the courts in much the same way as all other personal injury cases. They are handled in a fairly straightforward manner, with an initial offer to negotiate a settlement. If the parties refuse to negotiate at this stage, the plaintiff’s (complaining party’s) attorney will begin the process of preparing the case for trial, knowing that a settlement will likely occur at some moment before the trial is set to begin. Approximately 90% of all cases settle before going to trial.

Legal Help for a Birth Injury

One of the many birth trauma lawyers referenced on this site can help you by evaluating the facts of your case and letting you know if there appears to be enough evidence to support a successful lawsuit. These attorneys have tried numerous cases like yours in the past and know what a case is usually worth ahead of time. Be sure to ask

all of your questions once you meet so you’ll gain a better understanding of the various stages of a birth trauma/personal injury lawsuit.

Birth and Personal Injury Lawsuit

If your child is suffering or was seriously injured while being delivered, our lawyers understand that you’re hoping to proceed with your lawsuit as quickly as possible. Please understand that every effort will be made to negotiate an early settlement. If both parties can’t agree to settle at an early stage, steps must be taken to prepare your case for trial. Here are some basic facts to bear in mind:

  • The law allows the plaintiff (the injured party) a set amount of time to file a lawsuit once he or she has become aware of an injury allegedly caused by a doctor or other healthcare provider. Any case filed after the court’s cut-off date will be dismissed.
  • Most birth trauma/personal injury cases may take two to three years to resolve if they wind up going to trial. All of this is quite flexible, depending on the backlog of cases in your state and whether or not your case settles before trial.
  • Your attorney will file a summons and a birth injury complaint on your behalf in court to get the case formerly filed (various court fees will also have to be paid);
  • Copies of the lawsuit will be served on the person or corporation you are suing;
  • Both sides are then free to either settle the case or move forward with discovery. This process, which can take many months or years to complete, involves both sides requesting such items as answers to written questions (interrogatories); copies of documents (via a Motion  to Produce Documents) and scheduling depositions (the sworn testimony of various individuals with knowledge of the facts of the case.)
  • The complaining (or injured) party may have to submit to a physical exam conducted by the opposing side’s doctor;
  • Throughout the time period when discovery is ongoing, both sides are free to ask each other if they would like to negotiate a settlement of the case;
  • If the parties can’t negotiate a settlement, the case will be set for trial. Either party has the right to request a trial by jury (as opposed to just having a judge decide the case). Specific fees are required if a jury trial is requested.
  • Once the trial starts, each side has the right to put on evidence (to present it to the court) by way of qualified witnesses and experts;
  • After the trial concludes and (assuming) the jury is able to agree on a judgment, the judge will announce their verdict. In some cases, the losing party may choose to file an appeal. In others, the prevailing or winning party may need to take extra steps through the courts to enforce the judgment if the losing party refuses to pay the judgment.

Keep in mind that your birth trauma attorney has traveled down this pathway many times and will always be either personally ready (or have a law firm staff member available) to answer your questions as the case progresses.