What to Expect During a Birth Injury Lawsuit

Request Your Free Consultation

You are busy taking care of your baby. It is important to you to take care of your child’s financial future, but you may be worried about the time and stress that a birth injury lawsuit may place on you and your family and about the toll that it will take on your ability to care for your child right now.

You shouldn’t have to choose between meeting your child’s current needs and her future needs. A birth injury case may be a little less daunting if you know what to expect when you file a claim and how a birth injury lawyer can help you through the process while you continue to focus your time and attention on your baby.

Five Things to Know Today

You have a limited amount of time to take action on your child’s behalf. Accordingly, even though things may seem overwhelming right now, it is important to know:

  • birth injury lawsuitsHow to start a birth injury case. Your birth injury lawsuit will formally start when you file a complaint in court. However, there is work that needs to be done before you can file a complaint. In your complaint you must describe your cause of action—the legal basis for your case—and you must ask for specific damages on behalf of your child. Once your complaint is drafted, then it must be filed according to the specific rules of the court.
  • What happens after you file your complaint in court. After your complaint has been filed with the court and papers have been served to the defendant, then the defendant will file an answer with the court. The answer is the defendant’s formal pleading in response to your complaint. Once that has been filed, both parties may engage in formal discovery through court-approved methods of gathering information. This could include, for example, depositions, interrogatories, and requests for production of documents. Additionally, both parties may file motions with the court to try to decide the case prior to trial, or they may file motions to limit evidence. If the case is not resolved on a motion or through a settlement prior to trial, then the case will be heard by the court.
  • How settlement negotiations work. Settlements require skilled negotiation and compromise. Your attorney may send a demand letter explaining the damages that your child has suffered and seeking fair compensation from the insurance company. If a settlement can be reached, then you will be asked to sign an agreement. The agreement will specify that your child’s current recovery is your child’s total recovery and that no further damages may be obtained or court action may be taken.
  • What is expected of you day-to-day while the case is pending. Most of the day-to-day legal actions will be handled by your lawyer. Once you hire a lawyer to represent your child’s interests, then all communication from insurance companies, the court, and other parties should be directed to your attorney. Your attorney will keep you apprised of the status of the case. He will talk to you about any significant decisions that you may need to make. However, you will not have to worry about making a mistake or taking time away from your life to deal with the case.
  • What you can recover in a birth injury case. Your child’s compensation may include compensation for past, current, and future medical expenses, out-of-pocket costs, physical pain, emotional suffering, and other damages. Additionally, any loss of future income may also be part of your child’s financial compensation.

It is also important to get answers to all of your unique questions to that you can make an informed decision about protecting your child’s future.

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.