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The Benefits of a Birth Injury Settlement Settlements for birth injuries can to pay for medical procedures which can be expensive The amount you receive may depend on the kind of birth injury your child suffered Lifelong care costs are typically due to serious birth injuries including cerebral palsy These costs are known as economic damages and arent subjected to the maximum cap in most states Compensation Medical malpractice laws could make nurses and doctors accountable for errors made during childbirth which have permanent and lifealtering impacts on the mother or baby In some cases the court could decide to award compensation for damages including pain and discomfort as well as loss of consortium past and future physical therapy medical expenses and more A birth injury lawsuit also seeks compensation for other expenses that could have been avoided if a doctor had not committed negligence like lost income or decreased earning capacity Parents who have to care for their disabled child often need to quit their jobs resulting in significant financial losses In addition certain birth injuries require expensive equipment or modifications to the home which could add up to high expenses Lawyers typically begin the claims process by sending an application to the doctor or hospitals malpractice insurer which includes details of the injury as well as any relevant medical records The insurance company will then review the claim and either accept or decline it If the insurance company declines the offer then lawyers will bring a lawsuit Some states have an indemnity plan to treat birth injuries which can reduce the amount of medical malpractice insurance or charges charged by obstetricians These funds might not cover the costs of lifetime care They also do not prevent plaintiffs from seeking damages in monetary form from other defendants like the hospital where the negligence occurred Expert Witnesses The medical experts involved in a birth injury lawsuit are obligated to the mother and child a duty to follow the accepted standards of care If the medical professional fails to fulfill this duty and the result is to injury they could be liable for malpractice Expert witnesses are needed to prove this claim They are typically doctors in the same or related field who can explain in laymans language the standard of practice and the way in which the medical professional who was liable for the malpractice violated that standard A skilled birth injury lawyer will know how to secure and present the most expert witness testimony They have the knowledge to anticipate and combat the defenses of healthcare professionals so that the claim can be presented in the most favorable light Your lawyer will assist you to determine the total value of your losses and will prove that in court These include both economic damages as well as noneconomic ones like medical expenses pain and suffering and lost income A good birth injury lawyer is experienced in negotiation with insurance companies and is aware of the tactics insurers use to force victims into accepting lowcost offers Your lawyer can assist you in resisting these pressures and keep your case on track until the malpractice insurance companies of the medical providers agree to accept a settlement If they dont your attorney can make a claim to force them to negotiate in good faith Statute of limitations There are strict deadlines for filing claims on behalf of children who have suffered birth injuries Medical malpractice claims that stem from the mothers injuries are generally filed within two years of the negligence that led to the claim Birth injury claims based upon injuries to children are usually allowed until the child is age of 10 To prove your case you have to establish that the medical professional who treated your child violated the lawful standard This may require an exhaustive review of medical documents tests and interviews with other doctors nurses and hospital staff who were present during birth and labor You will not automatically succeed in a lawsuit if you prove that a medical professional did not meet the standard of care You must also prove that this breach of duty directly led to your childs injuries This is referred to as causation and it is a highly contested issue in many medical malpractice cases It is important to choose an attorney who has the resources necessary to build your case and after that go through the process of trial Your lawyer will usually charge you for lawsuit expenses and only be paid if they get compensation for you This allows you to concentrate on the recovery of your child and also provides a degree of financial security you can count on in the event of a long prolonged trial Time Limits Each state has its own statute or time limit within which you are able to file a lawsuit This limit of time ensures that legal issues are dealt with swiftly while evidence and witness testimony is fresh For birth injury cases the statute of limitation is typically two and half years from date of the negligence or mishap There are exceptions for injuries suffered by infants For instance New York laws allow for a longer statute of limitations for medical malpractice claims brought on behalf of a child extending the deadline to 10 years following the childs birth An experienced birth injury lawyer is wellversed in the specifics of the statute of limitations for each state They will also know about any particular issues relevant to a childs birth injury case A lot of birth injury cases contain significant economic damages birth injury law firm philadelphia include future lost income or loss of life expectancy and future and past medical costs Economic damages are not subject to caps on maximum value which can increase the potential value of the birth injury case An experienced birth injury attorney is familiar with the process of negotiating and settlement claims with insurance adjusters Theyll be able to spot a lowball offer and utilize their expert expertise to counteroffer an acceptable amount of settlement In some instances it is possible to settle without a court appearance In other instances a trial may be required to get the amount you are due