How to File a Birth Injury Lawsuit

When your child has been diagnosed with a birth injury, you are understandably upset. After all, you expected to have a healthy baby, and now your child has an injury or a disability that will change his or her life for at least the next year or so –if not permanently.  It’s important to remember that birth injuries are usually preventable and that your child was going to have a normal life until this mistreatment or misdiagnosis. So what do you do now? Often a lawsuit is the only way that you can pay for necessary and expensive medical care for your child.

Be Careful of What You Say

Once your child has been diagnosed with a birth injury and once the hospital or nursing staff have been acknowledged as the guilty parties, a hospital representative or an insurance representative may try to talk to you. Be especially careful of what you say and what you accept, because these representatives want to avoid a legal battle. Not only does it look bad for the doctor or staff member, but it looks bad for the hospital, as the injury happened on their grounds.

 Insurance companies may try to give you a payment that looks grand, but in all reality, the initial payment offered generally will not pay for the gross total of your child’s medical care (especially if your child’s birth injury is more severe like cerebral palsy or brain damage). Don’t accept anything before consulting with a birth injury attorney and be careful what you say, and more importantly, never sign any documentation that you feel uncomfortable with.

Retain a Birth Injury Lawyer

The average family doesn’t  have the money needed for the medical costs associated with birth injuries, and may opt to settle as soon as possible in order to help reduce the financial burden. Keep in mind, however, that settling too soon without consulting with an experienced birth injury lawyer will cost a lot more in the long run, especially if the infant’s injuries will require lifelong medical care.

A knowledgeable birth injury attorney will help you understand your legal options and how to properly file a birth injury lawsuit without having to settle for the first figure that you’re offered.

For more information on how to choose an experienced attorney, refer to our article, Birth Injury Lawyer.

The Birth Injury Lawsuit Process

Once you find an attorney, the lawsuit process will begin. Your attorney will first gather all pertinent information regarding your infant’s injuries, including medical records, documents, witness statements, and more. Fortunately, once the lawsuit is in a law firm’s hands, they’ll generally file the lawsuit on your behalf and get the case rolling. In the meantime, be certain to keep track and keep copies of any and all expenses related to your baby’s medical care, even after the lawsuit has started. This information will be important in establishing costs, including estimated future expenses.

For more detailed information on the lawsuit process works, refer to our article, Birth Injury Lawsuit.