During childbirth, an injury can occur to the newborn baby, the mother, or both. These types of injuries are classified as birth injuries. In many instances, birth injuries are unavoidable injuries due to the birthing process itself. However, some birth injuries arise due to substandard medical care and negligence. These types of birth injuries become a legal issue. Anyone that has experienced substandard medical care can file a birth injury claim to seek compensation. To do so, you need to appoint a lawyer for birth injury near you to walk you through the litigation procedures.
On this page, you will find more information about how birth injury lawyers in your local jurisdiction can help you fight these claims. We also offer advice on finding the best birth injury lawyers near you and how to choose a great firm you can trust.
What is a Birth Injury Lawyer?
A birth injury lawyer is a legal professional specializing in the state and federal laws that govern birth injury claims. A birth injury claim is a type of civil litigation lawsuit that aims to seek compensation for injuries to the mother, newborn or both parties sustained before, during, or after childbirth as a result of medical malpractice. If you are pursuing a birth injury claim, your attorney can help explain your legal rights and walk you through the process. Their main role is to help ensure their clients receive fair compensation and pursue legal justice to cover their medical bills and mental trauma.
What Does a Birth Injury Attorney Do?
There are several tasks that birth injury attorneys can do to help fight your claim. First and foremost, they will offer legal advice on whether or not you should continue with the proceedings and help you secure this compensation. Some examples of tasks they can help with include:
- Assess the evidence and build a case against the medical staff to prove negligence.
- File the birth injury claim documents with the appropriate court of law.
- Prepare all evidence and witness testimonies to present to the courts.
- Help families receive fair compensation for their physical and mental trauma and medical bills.
Why Should You Hire a Birth Injury Lawyer?
Have you or your newborn sustained an injury during childbirth that you believe could have been prevented? If so, you should start researching birth injury lawyers near you. If you are unsure about whether your situation would be eligible for a medical malpractice claim, consult this list of common medical mistakes that could have been avoided:
- Improper monitoring of fetal distress;
- Inadequate diagnosis and treatment of maternal infections;
- Failure to notice fetal or maternal oxygen deprivation;
- Incorrect use of medical tools and use of unnecessary force; and/or
- Not performing a cesarean section where required.
Birth injury attorneys near you can handle all injury claims, no matter how minor. However, birth injury claims are generally reserved for more serious injuries and defects. Examples could include brain damage, cerebral palsy, spinal cord injuries, and more. If in doubt, speak to a local law firm and ask their opinion on whether you have a legitimate birth injury claim.
How do I Choose a Birth Injury Lawyer?
One of the most important rules for hiring a law firm is to never go with the first firm you find. You want to appoint the best birth injury lawyer near you for the best chance of a fair outcome. Below are some factors to consider that will help you find a top-rated licensed attorney who will formulate a great defense and get you the compensation you deserve:
- Experience: Always ask about the attorney’s experience. Legal experts are better at fighting cases than ones with only a year or so of practice under their belt. In addition to their general experience, also note what experience they have on birth injury claims similar to your situation.
- Success Rates: A good law firm will have great success rates. Only appoint a firm that has proven they can successfully win birth injury claims. If they have done it before for another person, they can do it again for you.
- Accessibility: You want to know that you can reach your attorney whenever you have a question regarding your case. Ask how they contact clients and whether there is support staff available that can also help answer your questions.
What Does the Average Birth Injury Lawyer Cost?
The cost of a birth injury lawyer depends on the law firm that you hire. That being said, most firms work on a contingency fee basis, meaning you only pay legal fees if your litigation claim is successful. This is usually an agreed-upon percentage of the total amount of compensation received. Typically, this percentage is between 33% to 40%, which is the average for all personal injury claims.
Do Birth Injury Lawyers Usually Charge for Consultations?
Most birth injury attorneys near you will not charge for consultations. Instead, they will make a payment for all legal fees out of the settlement amount. However, this is not always the case. Always ensure to check with the law firms that you contact if their consultation is free. You should be able to find an attorney offering a free consultation in your area, so keep looking if need be.