If your child has been diagnosed with a birth injury, you likely have many questions about the injuries, your rights, and possible legal options. We have compiled a list of 5 things about filing a birth injury lawsuit that we hope will be useful to parents looking for help. It is true that birth injury lawsuits follow a similar process to other civil claims, but the complex and specialized nature of birth injury cases can make the filing process a bit different.
How to File a Birth Injury Lawsuit
The process of filing a birth injury lawsuit involves a series of steps and processes – some of which you can manage on your own, and some that are best managed by your attorney. You and your attorney together will decide the best way to manage your case depending on the individual facts and details of your situation.
The most common steps in the process of filing a lawsuit include:
- Hire a Birth Injury Attorney: The first, and often most important, step in filing a birth injury lawsuit is hiring an attorney who is skilled in managing birth injury cases. The complex nature of birth injury cases requires the finesse and passion of specialized legal guidance.
- Preparation: The first step to filing any lawsuit is preparation. For a birth injury case, you will need to obtain documents about medical care, doctor or hospital visits, communications, billing invoices and statements, and insurance information. During this process, be very careful about speaking to healthcare or insurance providers who may be involved in the lawsuit. Also, be cautious about speaking about the case to outside parties.
- Complaint/Petition: The first and primary document used in a lawsuit is the complaint, also called the petition. This document is filed with the Clerk of Court in your jurisdiction, and identifies the legal claims being made, the parties involved, the facts and legal basis, and finished with the prayer for relief, which sounds religious but is basically a plea to the court that the plaintiff would like the case to go their way.
- Summons: As the plaintiff, you naturally know about the lawsuit being filed immediately. For the defendant or defendants named in the lawsuit, the court will order a summons be delivered, which notifies them that a lawsuit was filed. You will not be responsible for notifying the defendants.
- The Legal Process: Once your lawsuit is filed and the defendants notified, you and your attorney will enter a legal process that includes gathering evidence and information, conducting interviews, hiring expert witnesses, and responding to counterclaims, answers, and interrogatory requests. It is important that you communicate with your attorney about any communication or documents you receive from applicable parties, and also about ongoing medical treatment your child may receive.
Getting Help with a Birth Injury Lawsuit
If you have questions about filing a birth injury lawsuit, contact us by calling 877-415-6603, or by filling out the form below. We gladly offer a no-obligation consultation to every potential client.