Opportunities don't happen, you create them.

What can a Birth Injury Lawsuit Gain you?

man writing in file

Life is unpredictable. Even when you plan every inch of your life perfectly, there is still something that can go wrong. This can be exceptionally frightening, especially during vulnerable and delicate events like childbirth. The arrival of your baby is a beautiful occasion. However, it can be challenging if no support or a negligent staff monitors the process. If the mother’s health is not closely evaluated and the baby is in constant distress, this can lead to a birth injury.

It is not easy to see your child in pain, and you may feel helpless in such an aggravating situation. But you’re not alone. There are legal bodies in place to protect and guide you on getting your fair due. So once you initiate the process of a birth injury lawsuit, it’s pivotal you learn what this claim can land you. Therefore, here is how a birth injury lawsuit can benefit you:

Why Should you File a Claim?

There is no excuse for medical negligence. The injury, trauma, and pain you and your child go through because of unprofessional healthcare practitioners need to face justice. Birth injuries are not minor wounds. Some of these can cause long-term developmental conditions, which can cause stagnant brain growth and prevent your baby from living a fulfilling life.

Your child may also struggle to perform everyday tasks with great difficulty and need a professional to assist them. While the list of injuries is exhaustive, typical examples include cerebral palsy, Erb’s palsy, and fractures. In the case of the first, a CP injury lawsuit is your greatest attest in going against the medical staff involved in delivering your child. A successful claim leads to a settlement that grants you certain funds that you can utilize in treating your child.

How does a Birth Injury Case Proceed?

Birth injury lawsuits are extensive, but a claim has to be accurate and contain plenty of details. When you first discover that your child has injuries by noticing changes in their behavior or unusual symptoms, you must get a medical opinion and confirm the diagnosis. This allows you to initiate the process and contact a relevant lawyer. A legal expert will evaluate your case, inform you about the statute of limitation and build your case.

Generally, you have two years after discovering the injury to start applying. The core of your issue is to provide evidence that there was neglect. So discharge papers, prescriptions, patient files, staff names, delivery details, and eyewitnesses are pivotal to the case. Don’t leave anything out, including photographs of the wounds or injuries.

A Settlement offer over Trial

Settlements are monetary compensation provided by the other party. After a hospital accepts your charges, they may immediately push to pay you to save their reputation. The money gets negotiated heavily until you’re satisfied with the offer. Settlements are fast and quickly get you money right away.

On the other hand, trials are long, can last a few years, and require immense patience before announcing the verdict. While some hospitals may deny the charges and push for a trial, most institutions wish to get over it as soon as possible. This saves you money and time. Trials also require digging for evidence to keep the case going.

How much can you Win?

The money you win depends on the losses incurred. If your child’s wounds are extensive and may require lifelong treatment, access to disability care, and expensive therapy, you can get awarded a million dollars. However, your pain and suffering are also not ignored.

man going in court tom home

The trauma, loss of income, trouble keeping down employment, and emotional damages are all accounted for. Some courts may even give enough additional money as a penalty to the hospital for messing up your case in the first place. It’s not an unusual desire to know how much money you can get. After all, if you invest your emotions and time into a case, the return has to make sense.

What to do with the Money?

A lawsuit can win you plenty, especially when you manage to convince the jury or settle with the other party you get access to a substantial amount of funds. You’re free to do as you please with the money you win. However, the best way to use this cash smartly is to pay for all the medical expenses your child may incur to regain a modicum of health.

These include expensive physical and, later on, speech therapists. Your baby may need medication or surgery to cope with the problem. They can also access special needs education which you can cover with the money you win. In some instances, you may also need to modify the house so that your baby can adjust and respond to the new environment accordingly. These include getting a new house with no stairs, supportive beams, specialized wheelchairs, and even removing bathtubs. This money can also help you cope with your child’s turmoil.

As your kid grows older, they may need therapy and an outlet to vent their frustration. Witnessing a birth injury or going through one to deliver a child can be emotionally and physically taxing for you too.

Birth injuries are a terrible ordeal. They put you and your baby in a painful position and leave you demanding justice. Therefore, if you get the opportunity to hold the medical staff responsible for birthing your child accountable, don’t hesitate to bring them to court. A seasoned lawyer can help you file a proper claim. This allows you to shed light on what happened during your child’s previous birth.

The hospital may push for a settlement to save you time and give you your duly suitable funds in response to the lawsuit. This money can help you get your child the proper treatment with qualified professionals and lifelong care. You, too, can benefit from the capital, which can amount to a million dollars, to get the help you need during such a turbulent phase in your life. However, this is only possible if you’re willing to fight in court.

What can a Birth Injury Lawsuit Gain you?

Leave a Reply

Your email address will not be published. Required fields are marked *

Scroll to top