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The Benefits of a Birth Injury Settlement A birth injury settlement can aid in the payment of medical expenses which can be expensive. The amount of compensation that you receive will depend on the severity and type of the birth injury your child suffered. Severe birth injuries like cerebral palsy can result in lifelong care costs. These costs are referred to as economic damages and are not subject to maximum caps in most states. Compensation When doctors and nurses make mistakes during childbirth that cause permanent, life-altering consequences for the baby and/or mother and/or mother, they could be held accountable under the laws on medical malpractice. In certain cases, courts award compensation for damages such as pain and suffering as well as loss of consortium past and future physical therapy, medical bills and more. A birth injury lawsuit can also seek compensation for other expenses which could have been avoided if a doctor did not commit wrongdoing, for example, lost income or diminished earning capacity. Parents who spend time caring for their disabled child often need to quit their jobs, which can result in substantial financial losses. Additionally some birth injuries require expensive equipment or modifications to the home, which could create a lot of expenses. Lawyers usually start the claim process by submitting an offer to the hospital's doctor or malpractice insurer, which includes an extensive description of the incident and all relevant records. The insurance company will then examine the claim and either accept it or deny it. If it declines the offer, attorneys will prepare to file a lawsuit. Certain states have indemnity funds for birth injuries, which decrease the amount of medical malpractice insurance premiums or fees charged to Obstetricians. However, these funds may not be sufficient to cover a lifetime of care. Furthermore, they do not prevent plaintiffs from seeking monetary compensation from other defendants like the hospital where the negligence occurred. Expert Witnesses Medical professionals who are involved in a lawsuit involving birth injuries have a duty of care to the mother and child. If the healthcare provider fails in this duty and causes an injury, then they may be liable. The case requires experts, usually doctors who are in the same or similar field who can describe the standard of practice in layman's terms and explain how the medical professional breached that standard. A skilled birth injury lawyer knows how to secure and present the most credible expert witness testimony. They have the knowledge to anticipate and combat the defenses of healthcare providers so that the case is presented in the most favorable way possible. Your attorney can also help you determine your total losses, and to prove your case in the court. These include non-economic and economic damages, such as medical bills as well as pain and suffering, loss of enjoyment of life and income loss. A good birth injury lawyer is also well-versed in negotiation with insurance companies and is aware of the tactics insurers often employ to pressure victims into accepting lowball offers. Your attorney can assist you resist these pressures and help move the case through until medical providers' malpractice insurers agree to settle. If they do not the offer, your attorney may file a lawsuit to force them to negotiate in good faith. birth injury law firm arlington of limitations There are strict deadlines for filing claims on behalf of children who have suffered birth injuries. Medical malpractice claims based on injuries to a mother must generally be filed within two years of the negligence that led to the claim. Birth injury claims based on injuries to the child are generally allowed until the child is age of 10. To build a strong case, you must prove that the medical professional who treated your child violated the standard of care applicable to him/her. This could require an extensive review of medical records, tests, or interviews with other doctors, nurses, and hospital staff who witnessed the birth and labor. If you can prove that a medical professional failed to meet the standard of medical care, that does not mean that you will automatically be able to win your case. You must prove that the breach of duty directly caused your child's injuries. This is known as causation and is an extremely contested issue in medical malpractice cases. Selecting an attorney who has the resources to build your case and to go through trial is essential. Your lawyer will usually advance costs associated with litigation, and only get paid if you are awarded compensation. This lets you concentrate your attention on your child's healing and also provides financial security in the event of an extended trial. Time Limits Every state has a statute or time period within which you may make a claim. This time limit ensures that legal issues are addressed quickly, and while evidence and witness accounts are still fresh. The time limit for birth injuries is usually two-and-a-half years from the date when negligence or malpractice occurred. There are exceptions for infants who suffer injuries. New York law, for instance, permits an extended statute of limitations on medical malpractice claims for a child. The deadline is extended to 10 years from the date of birth. An experienced birth injury lawyer is well-versed in the specifics of the statute of limitations for each state. They will also be aware of any specific considerations associated with the case of a child's birth injury. For instance, a large number of birth injuries are accompanied by significant economic damages, such as the possibility of losing future income (or loss of life expectation) and past and foreseeable medical expenses. Economic damages don't have a maximum cap which can increase the value of the case. A reputable birth injury lawyer is familiar with the process of negotiating and finally settling claims with insurance adjusters. They will be able to spot a lowball settlement offer and respond with an appropriate amount. In some cases, a settlement may be reached without the need for the courtroom. In other instances, a trial may be necessary to receive the amount you deserve.