Not all parents end up testifying in birth injury cases, but some parents do. Whether you will have to testify depends on many different factors, which will be reviewed below. Before we get to this discussion, however, it is important to know that we understand your concern and we don’t want this to be a roadblock to your child’s recovery.
Why Some Parents Testify and Others Don’t
You and your child’s birth injury lawyer will work together to prove that a doctor, nurse, or hospital was negligent and that negligence caused your child’s birth injury. In all birth injury cases, the plaintiff needs to prove negligence by a preponderance of the evidence for the child to make a fair recovery. However, not every birth injury case uses the same evidence to convince the insurance company or the court of this negligence.
If you have enough evidence for your child’s birth injury case to prove negligence by a preponderance of the evidence without your testimony, then you may not need to testify. Likewise, if your child’s birth injury case settles before trial, you will not need to testify.
You Will Be Prepared If You Do Have to Testify
If your child’s birth injury case does go to court and your child’s lawyer determines that you have important testimony that could help your child make a fair recovery, the lawyer may advise you to take the stand.
Before you ever enter a courtroom, however, a birth injury lawyer will:
- Listen to your concerns
- Review the pros and cons of testifying with you
- Prepare you both for direct questioning and cross-examination
- Answer all of your questions
You are not in this alone. If you do have to testify, you will be well-prepared to do so.
To learn more about what a birth injury lawsuit may be like, please contact our experienced birth injury legal team today via this website or by phone to schedule your free, no-obligation consultation.