birth injury lawsuitYour child has been hurt by the negligence of a doctor, a nurse, or a hospital. There is no doubt in your mind about the cause of your child’s injuries or about the extent of your child’s injuries. Your child—and your whole family—have suffered enough due to someone else’s negligence. As much as you want to go back to prevent your child’s injuries, you can’t do that. Instead, you can only look to the future, and your child’s future depends on a fair recovery for the injuries that have been suffered.

A Fair Birth Injury Settlement Is Not Automatic

While you are fighting for a fair settlement for your child, the insurance company has another motive. The insurance company wants to minimize your child’s recovery so that it can maximize its profits. The insurance company makes more money if it pays you as little as possible for your claim. It is up to you to convince the insurance company to compensate you fairly.

How to Fight for a Fair Birth Injury Case Settlement

Typically, the settlement process goes like this:

  • The settlement process begins when your birth injury lawyer sends a demand letter to the insurance company. The demand letter will explain why you are filing a claim, it will describe the extent of your child’s damages, and it will state the amount of compensation you are seeking from the insurance company.
  • The insurance company will likely respond to your demand letter by describing the reasons why the doctor, nurse, or hospital was not negligent and by arguing that your claim for damages is too high.
  • You will respond to the issues raised by the insurance company.
  • The insurance company will make a settlement offer.
  • You will make a counter offer.

Those last two steps will be repeated until a settlement can be reached or until it is apparent that a settlement cannot be reached and that your child’s birth injury claim will need to be resolved in a Kentucky courtroom.

The Stakes Are High in Birth Injury Settlements

Once you say something or provide something to the insurance company, you can’t undo it. Thus, it is important that your child’s interests are represented by experienced legal counsel from the beginning of the settlement process. Do not try to do this on your own and then hire a lawyer—you may have inadvertently already compromised your child’s recovery.

Has Your Family Been Impacted By A Birth Injury?

If your family has been impacted by a birth injury you need to speak with an experienced birth injury attorney as soon as possible. Contact us online or call our office directly at 888.450.4456 to schedule a free consultation.

Matthew L. White
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Founder & Partner of Louisville Personal Injury Law Firm Gray & White Law

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