While some birth injuries are unavoidable, others are caused by medical mistakes. Either way, a birth injury can be catastrophic, depriving your child of the ability to ever live a normal life. If you believe your baby’s disability could have been prevented, you should not have to shoulder the burden of care alone. A birth injury lawsuit can help you recover the money you need to provide your child life-long assistance.
How a Birth Injury Lawsuit Helps You Recover Damages
If your child’s birth injuries were caused by medical malpractice or professional negligence, you might be entitled to compensation. A birth injury lawsuit helps you recover the money you have lost, or believe you may lose, because of another person’s negligence. If you file a complaint and the court rules in your favor, you may be able to win monetary and punitive damages. These damages can be used to:
- Pay for your child’s medical bills
- Pay for a wheelchair, crutches, or any other adaptive equipment you may need
- Cover the costs of physical rehabilitation, medication, and other ongoing treatment
- Compensate your family for lost wages resultant from care
- Establish a fund to provide for your child after they have become an adult
However, damages cover more than the money you have lost or will not be able to earn. Since birth injuries can have devastating effects on an entire family, you may be able to file a claim for non-economic damages, such as emotional pain and suffering, disfigurement, or loss of companionship. Your attorney will help you calculate the sum of your damages.
How Taking Action Helps Other Children
If your birth injury lawsuit is successful, its outcome can help protect other children. After all, your lawsuit is about more than money: it is about holding somebody accountable for a grave, life-altering mistake. If a court awards you damages, it is effectively issuing a judgment that a physician, hospital, or healthcare team was responsible for your child’s injury.
Your damages are only one part of a bigger potential settlement. Your case could force a hospital or private physician practice to revise its policies and bolster the quality of its training. A birth injury lawsuit, then, serves as a deterrent against future negligence, decreasing the likelihood that a doctor, nurse, or medical administrator will make the same mistake in the future.
Even if you cannot reverse the damage done to your family, your action can help spare other children from disability.
Why You Need to Talk to a Lawyer
If you believe your child’s birth injury was caused by a physician or other healthcare provider’s negligence, you should contact an attorney immediately. Doctors, hospital administrators, and others involved in the medical field have a lot of experience dealing with medical malpractice complaints. If they know they made a serious mistake, they have probably already consulted an attorney or dedicated legal team to begin preparing a vigorous defense.
When you are going up against someone who is an expert on birth injury cases, it makes sense to have an experienced, seasoned professional on your side. Your attorney will know how to talk to the healthcare provider’s insurance company, which evidence to show them, how to calculate damages, and what constitutes a fair settlement. If the insurer is unwilling to settle, we can and will take them to court to ensure you never have to pay out of pocket for another person’s mistake.
And remember: California, like every state in the country, has a statute of limitations that dictates how long a person has to file a lawsuit. If you wait too long to take action, your lawsuit may be dismissed on technical grounds.
Contact Us Today
By filing a birth injury lawsuit, you can recover the money you need to provide for your child into adulthood. However, the longer you wait to take action, the more difficult it will be to fight your case in court. Contact us today to schedule your initial consultation.