What should parents do when their newborn has suffered from a preventable birth injury? In this case, a parent can decide to bring a lawsuit against the guilty party by filing a birth injury claim.
It has been estimated that some 28,000 birth injury cases happen annually in the United States. It means thousands of birth injury lawsuits are filed annually in the country. In these cases, the money awarded to parents can finance the child’s medicines, treatment, physical therapy, and modifications required to enable a normal future.
If you need help with how to file a compensation claim, read the tips below, and you will know how it is done. So, without further ado, let us get straight to the topic.
Determine if it’s a birth injury
The foremost step is to determine if it is a birth injury caused due to healthcare negligence. Here are some examples of the ways birth injuries happen due to doctors or nurses making errors:
- A doctor who fails to realize the mother needs a C-section
- A condition is diagnosed by the hospital but doesn’t get treated
- Healthcare practitioners putting extensive pressure on the baby’s head
- Doctors or midwives sometimes deliver the baby by using vacuum extractors
Get a lawyer
Pursuing justice on your newborn’s behalf isn’t easy when you fight independently. It would be best if you talked to experienced professionals who excel at dealing with compensation claims. Thus, we suggest you get some legal aid for birth injury claims and hire lawyers to help you get the money needed for your child’s medical care.
Interview different lawyers and then go with the one you consider better than others. Lawyers can help you gather the required evidence and strength your case legally.
Plaintiffs often ask: “What should we do if we cannot afford a lawyer?” Well – good news for you – a birth injury lawyer mostly works on a contingency clause. They don’t charge you anything if hired and are only paid when you win the case.
So, you can pay them with the money you’ll win after when the defendant attempts to settle. Thus, our tip is to work with a lawyer ready to work on this condition. That’s how you can afford the services of birth injury attorneys easily.
Learn about lawsuit types
Unfortunately, around 7 out of 1,000 American newborns suffer from birth injuries today. You must learn how to pursue justice properly by recognizing two major types of claims regarding newborns:
- Malpractice lawsuits:- When a neglectful person causes problems such as cerebral palsy.
- Wrongful death cases:- If this neglectful behavior leads to your newborn’s ill-fated demise.
In addition, make sure you have these documents when you decide to opt for a lawsuit:
- Hospital orders
- Lab tests
- Drug administration forms
- Notes by doctors or midwives
Start with a demand letter
Plaintiffs write a letter to the guilty party informing them of their decision to pursue a lawsuit. At first, you will ask the guilty party for compensation for the injury they have caused.
If the guilty party admits their mistake and pays for then the case’s closed. However, if they refuse, it is your cue to bring everything before the court of law. So, always start by writing a demand letter.
File before running out of time
Don’t forget about the statute of limitations, after which you can’t pursue this lawsuit anymore. For different states, the statute of limitations can be different.
So, find out yourself or talk to a lawyer about the statute of limitations in your state before seeking justice for your newborn.
Generally, you have 2-3 years to bring a lawsuit against the guilty party. After that, you give up the right to receive compensation forever.
Expect a decent reward
How much money will you get for your child’s medical care? It depends on several factors, so giving a correct estimate isn’t possible. Parents have received under $1 million to over $4 million in some of these cases, thereby showing that you can expect these factors to influence the settlement offer:
- Medical expenditures
- Your pain, your suffering
- Potential future expenditures
- Loss of wages suffered by parents
Here are two cases of birth injury claims that resulted in parents winning millions for their suffering. One family received $4 million for the wrongful death of their child in Mississippi. Consequently, one Baltimore family was awarded around $34 million in 2021 when their child received a birth injury.
Conclusion
We’ve explained some vital tips for filing a birth injury compensation claim successful. Observe the symptoms for ensuring your baby suffers from a birth injury, determine the guilty party, and contact a reliable lawyer.
Ask your lawyer if you’re eligible for receiving birth injury compensation, gather evidence to strengthen the case, and learn which type of lawsuit you wish to file.
You can start by writing a demand letter to make the guilty party for the damages. If they don’t then you can continue with the lawsuit. Expect the party to come up with a decent settlement offer and that’s how most birth injury cases end up nowadays.