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Can An Attorney Help If You've Had A Birth Injury?

For most families, childbirth can be a traumatic experience and one that might have a long lasting impact. You or your child can sustain medical injuries, which may result in permanent disability and a lifetime of suffering and pain.

When it happens, it’s best to ask for a care giver guide and look for a birth injury attorney who can help you file a case and get the compensation and justice that you deserve.

How Can An Attorney Help You With Your Birth Injury Case?

If you believe that the birth injury is a result of medical negligence, an attorney can help you by determining the case you need to file. Usually, they start by checking the case information thoroughly to ensure that your case is valid. To make the process faster, you have to bring in every medical document that will support your case.

After that, an experienced attorney may start the pre-litigation process in which they’ll collect additional documents, evidence, as well as experts and witnesses. They will also go through the additional details involved in your case. In this process, it is not uncommon for an attorney to propose the amount for settlement, yet it isn’t always guaranteed that they’ll agree to settle.

If the settlement cannot be reached, the case’s litigation phase starts in which your attorney will formally file a complaint against the defendant in the court. Once the complaint is filed, the defense will be given some time to answer it. The case’s discovery stage starts during this time. Then, the defense will see the evidence and other important information that have been gathered by your hired attorney.

This is also the time when many defendants negotiate a settlement once they see that it’d be much easier to settle than to go to trial. But, although rare, there are times when the settlement isn’t negotiated. If it occurs, get ready to go to trial. However, if you have a good attorney by your side, there is nothing you should worry about because they can help you throughout the process.

Benefits Of Hiring An Attorney For Your Birth Injury Case

A birth injury case, whether big or small, can be challenging to face. So, hire an attorney with expertise in managing medical malpractice cases. In doing so, you can reap the following benefits:

  • Your Rights Are Better Protected

You have legal rights as a victim. But, as an average person, you might not know what rights you have or how you can exercise them. Also, you might not be in the right state of mind to be able to realize your rights as most of your attention is on your newborn child. Fortunately, with the help of a birth injury attorney, you’ll have full understanding of your legal rights, as well as you’ll know how you can fight for your case successfully.

  • Offers Peace Of Mind

No matter what the situation is, court cases are always stressful. If your kid suffered an injury, you might want to focus on them and do whatever it takes for them to get treated. However, a drawn-out court case may seem like an unnecessary stressor, which can add to the already stressful situation. Through hiring a birth injury attorney, however, you will experience peace of mind, allowing you to focus your energy on taking care of your child.

  • Damages Are Properly Determined

Before you seek compensation or file a birth injury case, you should know the damages first. There are numerous things that fall into this category that average individuals normally don’t have any knowledge of. You might not also know how to determine which damages apply to your situation.

Oftentimes, some of the damages associated with birth injuries include loss of life enjoyment, loss of income, medical bills, pain and suffering, and many others. Fortunately, the right attorney can handle the details for you and help you determine the damages to get fair compensation.

  • Allows You To Get Appropriate Compensation

Other birth injuries are severe and require lifetime treatment and expensive medical services. If you’re experiencing this type of birth injury, an attorney can help you get appropriate compensation through filing a case with enough evidence so you can win against the other party.


If you or your baby incurred any type of birth injury, never put off contacting an attorney. Talk to a reputable lawyer as soon as you file a birth injury claim. In doing so, you’ll get all your questions answered, and you’ll know which course of action you must take. However, make sure to hire an attorney who has expertise and experience in handling birth injury cases to get the best possible results.

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