Infant Brain Damage Legal Questions

The legal process is sometimes hard to navigate. There’s a lot of paperwork that needs to be done, and there are several hoops that you have to jump through, including meetings, trial dates, and more. Sometimes people don’t want to go through the hassle of a lawsuit because they feel like they don’t have the time to go through all of this extra work. What these parents often don’t realize, however, is that a lawsuit could be the only thing that ensures that all of your child’s medical expenses are paid for. After all, the definition of a birth injury means that you didn’t foresee these expenses, so these lawyers are here to help make sure that you can care for your child as long as he or she needs that specialized care.

What Do I Need Before I Consult a Lawyer?

It’s important to have as much relevant documentation as possible. Since the set of events includes the birth, gather all paperwork relevant to pregnancy, being checked in and out of the hospital, any additional paperwork you were given at the hospital, any medical images such as x-rays, MRIs, CT scans, or EEGs, and any documents you were given with the diagnosis of your child’s birth injury.

Even if you think some of the paperwork may seem irrelevant, be certain to save everything you can.

Do I Need a Brain Injury Lawyer or a Birth Injury Lawyer?

Lawyers specialize in different content areas, but brain injury lawyers are used to dealing with adults who withstand brain injuries due to non-medically-related accidents. To that end, you may be better off with a birth injury lawyer or a brain injury lawyer who specifically specializes in brain trauma caused by birth injuries.

Lawyers who specialize in both birth injuries and brain injuries know exactly what is necessary and required for a birth injury case, thus getting you the apt amount of funds you need so that you can take care of your child’s lifelong expenses (such as medications and therapies).

Will I Need to Find a Neurologist to Help With the Case?

Often birth injury lawyers will contact physicians who are competent in the subject matter to give expert testimonies. Since expert testimony is so important to birth injury cases, you may be expected to make an appointment so that a physician can evaluate your baby and provide an additional medical opinion.

If you have already been seeing a neurologist for your baby, the lawyer may simply approach that neurologist for the testimony. However, it’s not uncommon for infants to undergo evaluations from different physicians in order to have additional medical opinions on file.

How Long Could a Trial Take?

Each trial is different because each case is different, but generally birth injury cases last about a year and a half from the time the lawsuit was filed. While it seems like an excessive amount of time, it is a proper amount of time for your lawyer to get ready. Keep in mind, however, that this time frame is general. It’s impossible to predict exactly how long an infant brain damage trial will take. Yet, most cases are generally settled out of court, without the need for a trial. Settlements typically require less time than trials.

You should never pause care for your child until the settlement of the trial is processed: go ahead and get your child the care that he or she needs so that it doesn’t get worse, and then the settlement at the end will pay for retroactive charges.

More Information on Infant Brain Damage

For more in-depth resources, fill out our form for a complimentary Birth Injury Guide, which is packed with a plethora of invaluable details on infant brain damage, including detection, diagnosis, treatments options, prognoses, and much more.