For many families, the arrival of a child is one of the most joyous occasions in life. However, the happiest of days can turn tragic when medical negligence leads to injuries or death. If your family has been affected by a birth injury, it’s important to understand that you may be entitled to financial compensation. This can help cover the costs of future treatment, as well as the emotional toll of dealing with a serious disability.
The first step in filing a claim is proving that the medical professional owed you a duty of care. This is a legal term that means the medical provider had an obligation to act with the same skill and care that other medical professionals would use under similar circumstances. Your attorney will review the details of your case and determine if you have the necessary evidence to prove negligence occurred.
Once your attorney has determined that you have a strong claim, they will gather the relevant evidence. This will likely include medical records and bills, as well as any expert opinions your case requires. It’s important to choose an attorney that has experience in your state and specializes in medical malpractice law. They will also be familiar with the laws and regulations in your area, as these can vary by state.
Your lawyer will also prepare the claim documents and file them in court. This will initiate the litigation process, which includes a series of hearings, meetings, and discovery. Discovery is the exchange of information and evidence between your attorney and the defendant’s attorney, including medical records. During this time, both sides will usually try to reach an out-of-court settlement.
It’s vital that you keep detailed records of all expenses related to your child’s birth injury. This will be essential in calculating your damages and proving the value of your case. Economic damages can include past and future medical care, loss of income, home modifications, and other associated expenses. Non-economic damages are also available and can include compensation for pain, suffering, anxiety, depression, and other emotional distress.
When you work with a birth injury attorney, they will also be able to explain the concept of mitigating damages. This refers to your family’s responsibility to take reasonable steps to minimize the effects of a disability, such as seeking timely medical treatment and following prescribed rehabilitation plans. Failure to do so can weaken your case and reduce the amount of damages you receive.
Hiring a Birth injury attorney guiding families to rightful compensation can help you recover the compensation you need for your child’s care. It’s important to choose an attorney who will be compassionate, attentive, and responsive to your needs. This will make the process much easier during this stressful time. Contact a firm with a nationwide network of lawyers, so you can feel confident they will be familiar with the ins and outs of law in your area. If you have questions about filing a claim, speak with a birth injury attorney as soon as possible to get the answers you need.