What to Look for in a Birth Injury Law Firm
It can be devastating for parents when their children suffer birth injuries. Some types of birth injury might result in lifelong disabilities and severely limit what a child might be able to do in the future. In other cases, a birth injury can be fatal. When a doctor, nurse, midwife, hospital, or other facility causes a birth injury because of medical mistakes, the parents might be entitled to pursue compensation for both their own losses and those of their children. Finding a birth injury attorney who is capable of holding the responsible parties accountable for their negligence is critical. Here is some information from the attorneys at Raynes & Lawn about what you should look for when you are searching for a birth injury law firm.
There are multiple characteristics you should look for if you are looking for a good birth injury firm. Some of these traits are discussed below.
Works on a Contingency Fee Basis
While attorneys might use a variety of different fee structures, you should look for a firm that offers a contingent fee. This means that you will not have to pay anything upfront, and your attorney will only get paid if he or she secures a settlement or jury verdict in your favor.
Experience Handling Birth Injury Cases
Birth injury claims are complex and require attorneys to have extensive knowledge about how they work. You should ask any birth injury firm you might be considering about their past cases and the outcomes they have had to make sure that they have a strong track record. You should also ask whether the law firm has handled cases similar to yours and what the outcomes of those cases were.
The firm you choose should also have extensive resources available to help them prove your case. It should include multiple attorneys, paralegals, legal assistants, and a nurse consultant to make it likelier that you will succeed in your case.
Broad Recognition in the Legal Community
The law firm you choose should also have received numerous recognitions for the strength of their attorneys’ work. Check to see whether the lawyers have earned AV-Preeminent ratings from Martindale-Hubbell and if they earned other awards. You should also look to see if they have appellate experience and have been successful on behalf of their clients.
Offers a Free Case Review
Some firms charge a consultation fee before you can speak with them. However, a good birth injury firm should offer a free case evaluation so that you can make a more informed decision about how to proceed with your potential claim. Look for a birth injury firm that will evaluate your case without charging you to do so.
If a lawyer determines that you might have valid grounds for a malpractice claim during your free case evaluation, he or she will then schedule an appointment to gather the information about your case. This might include doctors’ notes, nurses’ notes, lab reports, and other relevant medical data. Once all of the information has been gathered, your law firm can draft and file the lawsuit for you if your claim has legal merits.
When you work with a good birth injury firm, the attorneys, medical experts, paralegals, legal assistants, and others will handle all aspects of your case for you. You will be kept updated at every step of your case and can ask any questions as they arise.
What Are the Stages of a Birth Injury Lawsuit?
Birth injury claims go through a number of stages as described below.
Drafting and Filing the Complaint
If a firm agrees to accept your case, it will draft and file a civil complaint in court. This is the initial pleading in a birth injury lawsuit, and it will name the medical professionals and facilities that are responsible for the injuries to your child. Once the complaint is filed, the defendants will have to respond within a set period by filing an answer.
After the complaint and answer are filed, the case will enter a stage called discovery. During this phase, both sides will gather evidence and exchange it. Discovery might also include interrogatories and depositions so that both sides can understand what might be testified to in court.
Some birth injury cases go through mediation, an alternative dispute resolution procedure that happens outside of court. In mediation, both parties meet with a third-party mediator. The mediator is someone who is trained to facilitate agreements. If an agreement is reached, the case can settle. If no agreement is reached, it might be necessary to go to trial.
Most birth injury attorneys try to resolve their clients’ claims through settlements. Your attorney will negotiate with the defendants to try to negotiate a fair settlement for you.
If a settlement cannot be reached, your case will go to a jury trial. Both your attorney and the defense will present evidence and call witnesses. The jury will then determine whether to issue a verdict in your favor and award damages. The vast majority of birth injury cases settle before going to trial, however.
How do I find a Child Injury Lawyer Near Me?
If your child suffered a birth injury, it is important for you to talk to a child injury lawyer in your area. The experienced birth injury attorneys at Raynes & Lawn represent people in Philadelphia and throughout Pennsylvania and New Jersey whose children have suffered injuries caused by birth injury malpractice. We have substantial resources and work to hold medical professionals accountable when their negligence causes children to suffer disabilities or death because of birth injuries. Contact us today for a free case evaluation by calling 1-800-535-1797.
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