Birth Injuries account for 20% all infant deaths, according to fact sheets created by the U.S. Centers for Disease Control and Prevention (CDC). These injuries cause lifetime impairment in children and damage their future.
More often than not, birth injuries are caused due to the negligence or malpractice of the medical professionals and are not intentional. However, they do have a negative impact on the baby as well as the parents involved. If your baby has suffered birth injury, whether severe or mild, you are entitled to take legal actions against the medical staff responsible for the injury.
Cohen, Placitella & Roth, a renowned legal firm, believes that the involvement of experienced and professional attorneys is very important to handle a birth injury claim. Why? They can support your case by taking help of medical experts and physicians to assess the medical aspect of your claim.
Birth injury lawsuits are of a complex nature and the process of filing a case is also different from the usual. Here are some important things you should know about Birth Injury Lawsuit.
● When can you apply for a birth injury lawsuit?
It is advised that you file a lawsuit as soon as possible and get legal consultation for your case.
Certain state laws may restrict you from applying for a birth injury lawsuit after a particular time period. The Pennsylvania law allows you to file a lawsuit until 2 years from the date of injury.
● Hiring an attorney
The first step to filing a birth injury claim is hiring a reliable lawyer. You need to pick someone you can trust and rely upon. Paying attention to the following factors is very essential:
Look for an attorney who has experience in handling birth injury cases, preferably someone who has handled a case similar to yours. They will know exactly how to gather proofs and work their way through the case.
Getting involved in legal matters usually means spending a hefty amount of money. However, this is not the case with all law firms. You need to select a firm/attorney who is affordable.
● What happens after you hire an attorney?
Once you have a trusted attorney by your side, the case investigation begins. All documents, including medical care, hospital visits, billing statements, and invoices and insurance are collected.
The attorney will also demand compensation from your insurance provider. The insurer may accept or decline such requests. If no settlement is reached, your attorney will file a lawsuit.
● How long will your case take?
Birth Injury cases are usually very lengthy and the time frame cannot be predicted beforehand.
If the parties involved can agree to a settlement and negotiate their terms, the case may not go on for a long time. However, if a trial is required and the case is litigated, it can take months or even years to settle.
It all depends on the complications in your case and the proofs that you can present to the court.
The entire process of gathering evidence, conducting interviews, countering claims made by the responsible medical team and more, will be handled by the attorney. This is why hiring an expert lawyer is very essential for a birth injury lawsuit.
All you need to do is follow the advice of the attorney and let them take control of the entire process.