Chances are, if you are reading this it is because your child is injured and you believe a healthcare provider is responsible. As a parent, it is perfectly natural that you want to learn more about your situation and your legal rights. Part of that is knowing how to choose a birth injury lawyer that is right for you. You have come to the right place. At Birth Injury Guide, our birth injury lawyer has helped numerous families recover from devastating birth injuries.
Estimates suggest that around 28,000 babies are born each year with a birth injury. Sadly, many of these injuries are the result of a healthcare provider’s negligence and could have been prevented. If your baby is one of these innocent victims, you should know that you have the legal right to hold the party responsible for your baby’s injuries accountable.
No matter where you live – Texas, New York, Georgia, or Oregon – if your child is suffering a birth injury, it is important that you find a birth injury lawyer to discuss your case. Here, we offer tips for choosing the right birth injury lawyer for your situation and your family.
Start Your FREE Case Review Today
If you or your child is injured as a result of medical negligence, call us to learn more.
Find a Lawyer that Specializes in Birth Injury Claims
Birth injury claims fall under the umbrella of personal injury law, but these claims are very unique. One of the mistakes many people make when choosing a lawyer is hiring a general practice lawyer rather than a lawyer who specializes in the type of case they have. Birth injury claims are unique, and a law firm that specializes in birth injury claims will know how to manage all aspects of these claims.
Ask About the Lawyer’s Experience with Your Specific Birth Injury
Ideally, you want to find a lawyer who has experience handling birth injury claims similar to yours. If your child suffers from hypoxic-ischemic encephalopathy (HIE), your best chances for success is finding a lawyer who has successfully litigated HIE claims.
Choose a Lawyer with Connections to Medical Professionals
The crux of a birth injury claim is proving that the healthcare provider was negligent. This is often done by hiring expert witnesses who can testify on your behalf. These experts are generally obstetricians, gynecologists and neonatal specialists. A birth injury lawyer who has handled many claims will have ready access to experts who can work with your legal team.
Good birth injury law firms also generally have staff members with medical knowledge and experience in-house. These law firms often have nurse paralegals on staff who can help review medical records and communicate well with medical experts and healthcare professionals.
Ask the Lawyer About Previous Results
Whether the lawyer you are considering has a team of 100 or a team of 10, what matters is that he or she has a track record with proven results. Ask prospective lawyers about their experience with previous cases. What sort of verdicts and settlements have they won on behalf of clients? Do they usually settle out of court or go to trial?
Consider What Other Qualifications the Lawyer Has
You can often find information about a lawyer’s education and professional experience online. Sometimes lawyers post this information on their websites, and most state bar websites offer more detailed information. Lawyers who have specific education or certifications related to birth injury may be better equipped to handle your case than their peers.
Look for certifications, memberships in professional organizations, accomplishments related to birth injury claims, experience educating other lawyers, etc. The more knowledge and experience a lawyer has, the more that he or she will benefit your cause.
Find out About Payment Schedules and Fees
Legal claims cost money. There are fees for filing claims, deposing witnesses, interviewing experts, gathering medical records, and there are a host of small fees along the way. Before hiring a birth injury lawyer, find out what their payment schedule and fees are upfront. Many birth injury lawyers work on a contingency basis, meaning that you only owe them money if they obtain a verdict or settlement in your favor. You should find out upfront if that is the case, or if you will be responsible for any fees as the case progresses.
Research Reviews and Testimonials from Previous Clients and Peers
A good way to find out more about a lawyer’s reputation is to research reviews and testimonials. Most law firms will post some reviews and client testimonials on their websites. You can find more on Google, Facebook and other social media sites. You can find reviews and ratings from peers in the legal community online as well. The Avvo website is a good source to search for lawyers and see what others are saying.
Think About How Your Interaction Made You Feel
When vetting a potential birth injury lawyer, one of the most important things to consider is how your initial experience made you feel. Consider these factors:
- What is your first impression of him or her?
- Do you feel comfortable in his or her presence?
- Were you able to effectively communicate during your initial consultation?
- Do you feel like the lawyer listens to you and is patient as you explain your situation?
- Does the law firm seem like there is adequate staff?
After you meet with your small list of lawyers, you should be able to decide. Go with your gut instinct and choose to work with the lawyer that you feel the most comfortable with. You want a lawyer and law firm that will do the job right (which is why you filtered your list), but you also want a lawyer that you feel comfortable with, as sometimes these cases get very personal and last for a few years.
Why Finding the Right Birth Injury Lawyer is Important
One of the markers of a good lawyer-client relationship is the ability to trust one another and communicate effectively. Even if a lawyer is top-notch, if you are not comfortable with him or her, then your case may suffer. That is why we recommend these tips for finding the right birth injury lawyer for you. Every legal claim is different, and what works for one person often does not work for another.
Finding the right lawyer can help you be confident about your birth injury claim. It offers assurance that your legal rights are going to be paramount. Furthermore, you can rest assured that what your family is going through is not pushed aside.