How Long Does a Birth Injury Case Take?

child with cerebral palsy happy and smiling at the camera

The birth of a child is supposed to be a joyous occasion filled with love, anticipation, and the promise of a bright future. However, when complications arise during delivery, resulting in birth injuries to your newborn, the happiness can quickly turn to devastation and confusion. As a parent, it is natural to want to advocate for your child and seek justice for the harm they have suffered.

Birth injury cases are inherently emotional and overwhelming due to their sensitive nature, as they involve our most precious treasures – our children. To ensure the best possible outcome and appropriate compensation for these adversities, it is crucial to have a competent traumatic birth injury lawyer by your side.

One of the most pressing questions on the minds of worried parents is, “How long does a birth injury case take?” The answer to this question can vary depending on several factors, including the case’s complexity and the parties’ willingness to settle.

Raynes & Lawn Trial Lawyers has decades of experience guiding clients through birth injury cases. Our talented and dedicated attorneys can give you personalized and strategic attention. Call our offices today at 1-800-535-1797for your free consultation. 

Unraveling Duration Uncertainties

Understanding the potential timeline of a birth injury lawsuit can help ease some of the anxiety surrounding the process. Generally, these cases follow a similar pattern:

  1. Initial Discovery Phase: The discovery phase is the first stage of a birth injury case. During this time, evidence is gathered, including medical records and expert witness testimonies. The discovery phase can last anywhere from six months to a year, depending on the case’s complexity.

  1. Pre-Trial Negotiations: The parties involved will typically negotiate a settlement once the discovery phase is complete. The goal is to resolve the case before it goes to trial. These negotiations can take anywhere from a few months to a year, depending on the willingness of the parties to reach an agreement and the strength of the evidence gathered during discovery.

  1. Trial: If a satisfactory birth injury settlement cannot be reached during negotiations, the case will proceed to trial. The trial duration depends on several factors, including court scheduling and the parties’ availability. A trial can last from several days to weeks, sometimes even longer.

It is important to note that even after a verdict is reached, appeals or other post-trial motions may extend the case’s timeline. Depending on the case’s specific circumstances, a birth injury lawsuit can take one to several years to resolve.

The Role of a Traumatic Birth Injury Lawyer

Having a skilled traumatic birth injury attorney by your side is essential to navigating the complexities of these cases. Your birth injury lawyer will argue your case before a jury and provide crucial support and guidance. Some of the critical roles of a birth injury lawyer include:

  1. Gathering Evidence: Your birth injury attorney will work to gather all relevant medical records, expert witness testimonies, and other evidence to support your case.

  1. Negotiating with the Defendant: Your birth injury lawyer will engage in settlement negotiations with the defendant, working to secure a fair compensation package for your child’s injuries.

  1. Representing you in Court: If a settlement cannot be reached, your  Philadelphia birth injury attorney will represent you, arguing your case before a judge and jury.

  1. Providing Emotional Support: Birth injury cases can be emotionally taxing for parents. Your Philadelphia birth injury lawyer should give a consoling presence, offering empathy and understanding throughout the process.

Frequently Asked Questions About Birth Injury Lawsuit Timelines

  1. What Makes These Lawsuits Longer Than Usual?

Birth injury lawsuits often take longer than other types of personal injury cases due to the complex nature of the investigations involved and the need for expert witness testimonies. Medical malpractice cases, in particular, can be lengthy due to the need to establish negligence on the part of the healthcare provider.

  1. Are There Statutory Limits For Making My Claim?

Yes, each state has a specific time limit, known as the statute of limitations, during which a birth injury lawsuit must be filed. It is crucial to consult with a  Philadelphia birth injury lawyer as soon as possible to understand the specific deadline for your state and ensure that your claim is filed promptly.

  1. What Happens If The Defendant Concedes Liability Early?

If the defendant admits fault early in the process, it can potentially speed up the case resolution. However, even if liability is conceded, negotiations will still be necessary to determine the appropriate amount of compensation for your child’s injuries.

  1. Can Multiple Injured Parties Sue The Same Entity?

Depending on the laws in your state, it may be possible for multiple injured parties to join together in a class-action lawsuit against the same defendant. Your  Philadelphia birth injury attorney can advise you on whether this is an option in your case.

  1. Does A Resolved Lawsuit Imply Faster Payment Receipt?

While the goal of a birth injury lawsuit is to secure compensation for your child’s birth injuries, the legal process and financial constraints of the defendant can sometimes delay the receipt of payment. Your birth injury attorney will ensure you receive your compensation as quickly as possible once a settlement or verdict is reached.

Work with a Birth Injury Lawyer

If your child has suffered a birth injury, it is essential to work with an experienced and knowledgeable birth injury lawyer to protect your rights and your child’s future. At Raynes & Lawn Trial Lawyers, our Philadelphia birth injury attorneys have a proven track record of achieving significant results for our clients in birth injury cases.

We understand that the road to justice can be long and challenging, but we are committed to standing by your side every step of the way. We aim to help you secure your child’s compensation to receive the best possible care and support.

Don’t hesitate to contact our talented and knowledgeable birth injury lawyers at Raynes & Lawn Trial Lawyers to protect your rights and your child’s future. Justice may be a long process, but the outcome and results our attorneys achieve can make a tremendous difference for your family. Call us today at 1(800) 535-1797 for more information.