If you or a loved one is suffering due to a birth injury, you may be wondering about your next move. Birth injuries can range in severity from mild to life-threatening and leave families with long-term medical care needs.
If you believe that the birth injury resulted from medical negligence, it is crucial to speak with an experienced birth injury lawyer such as JJS Justice.
To help you get more clarity, here are answers to six Frequently Asked Questions (FAQs) about birth injury lawsuits –
1. What Are The Usual Causes Of Birth Injuries?
There are many reasons why a baby might get hurt during birth. Some common causes of birth injuries include –
- Oxygen Shortage to the baby’s brain during labor
- Use of forceps during delivery
- Excessive pull on the baby’s head and neck during delivery
- Unsuitable use of medication at the time of labor or delivery
- Failure to monitor the baby’s heart rate properly during labor and delivery
All of these can lead to severe birth injuries, such as cerebral palsy, Erb’s palsy, skull fractures, and more.
2. What Is The Process Of Filing A Birth Injury Lawsuit?
Filing a birth injury lawsuit is complicated, and it’s best to talk to a lawyer who knows about this kind of law. However, the steps usually involve:
Step 1: Meeting with a lawyer to find out if you have a case
Step 2: Filing a lawsuit
Step 3: Going to court
Step 4: Winning or losing the case
If you win the case, you will get money to help pay for the medical care. If you lose the case, you might have to pay the other side’s legal fees. It is important to note that most birth injury cases settle out of court. This means that the two sides agree on a settlement without trial.
3. What Are The Time Limits For Filing A Birth Injury Lawsuit?
Generally, the statute of limitations for birth injury cases is two years. This means that you have two years from the date of the injury to file a lawsuit. If you wait too long, you might not be able to sue at all.
Remember that every state has its laws about this. So, it is crucial to determine the law in your state before taking action.
4. How Much Money Can You Expect To Receive In A Birth Injury Lawsuit?
Money from a birth injury lawsuit can help pay for your child’s medical care. The amount you get can depend on the severity of the injury and how it was caused. Most cases settle out of court, which means you might not have to go to trial to get the money you need.
5. What Are The Chances Of Winning A Birth Injury Lawsuit?
This is a complicated question that can be answered by lawyers with experience such as JJS Justice. Some things that might affect the outcome of a lawsuit include how severe the injury is and how it was caused.
6. Should You Hire A Lawyer To Represent You In A Birth Injury Lawsuit?
Yes, hiring a lawyer to fight your case is a good decision. A lawyer will know your rights and can help you file and even win a lawsuit.
Conclusion
If you believe your child’s birth injury resulted from medical negligence, it is essential to speak with an experienced birth injury lawyer as soon as possible. Filing a birth injury lawsuit can be complex, and it is best to have a lawyer guide you till the end.
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