The birth of a new baby is an exciting time for parents. It is also the time when the mother as well as the child needs extra care and attention. Any lapses in the care of either can lead to serious injuries. If such lapses occur because of negligence, you may be able to file a birth injury case. A doctor, nurse or other healthcare personnel could be to responsible for negligent care which can result in birth injuries.
A birth injury can lead to serious health problems, including lifelong disabilities. Therefore, it is vital for parents to recover suitable compensation for such negligence. This compensation is what makes it possible for parents care for their child’s needs for the rest of the child’s life.
The success of a birth injury claim rests largely on how well you present your case. Even if you have a valid claim, the facts of the case must be well-organized and well-presented. This helps a jury recognize that you are a genuine victim of malpractice and negligence. Here is a quick rundown of the key considerations after you file a birth injury case:
Legal Procedure in a Birth Injury Case
If you think your child has suffered a birth injury due to negligence, you need to consult with an experienced birth injury lawyer. You can file a birth injury claim against the individual or the healthcare facility that is responsible. The first step is to consult a greater Birmingham area injury lawyer and discuss your case. An attorney serves as your family’s advocate throughout the life of the case. He or she will also review the case thoroughly to ensure that you have a valid claim.
The lawyer then guides and aids you in bringing together the documents necessary for filing the case. These typically include medical records and medical tests that clearly indicate where, when and how a birth injury occurred. Other requisite documents may include medical bills, insurance bills and any other related costs. You may also be required to submit a general estimate of the amount of damages you wish to claim from the at-fault party.
Once the legal requirements are met, your lawyer will consult medical experts and any relevant witnesses. This is done to further support your case.
Your lawyer will also reach out to the responsible party and propose a settlement. This is done so that the other party may settle the case out of court. The available evidence is presented to the at-fault party before a suitable amount of settlement is suggested. The other party may accept or decline this suggestion. If the defendant declines to pay, your lawyer files a formal complaint, and prepares the case for trial.
Even after a birth injury case and complaint has been filed, there is scope for negotiation. Your lawyer may reach out once more to the defendant for an out-of-court settlement. If the defendant still refuses, the case will go to trial. A jury will hear the case and decide on a verdict based on the facts and evidence of your case.
The Statute of Limitations
In the state of Alabama, you must file for birth injury cases within two years of the injury. There is an exception to this limitation. If the symptoms begin to appear after two years have passed, you may still file a claim within six months. If the victim of the injury is less than four years old, the lawsuit can be filed until the child’s eighth birthday. If the victim is older than four years, the claim must be filed within four years of the injury.
Hiring a Greater Birmingham Area Personal Injury Lawyer
Seeking compensation for birth injuries can be a complicated process. You are required to submit evidence of the injury as well as the testimony of witnesses and medical experts. This can easily become overwhelming.
Here at Hare Wynn, we have many years of experience in handling birth injury cases. Our attorneys have worked with hundreds of families who have been affected by medical malpractice. If you believe you may have a birth injury case, reach out to us today for a free consultation.
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