Birth Injury Law Firm

Quick Answer

Birth injuries can be caused by the negligence of doctors and other medical providers. In these cases, families can work with a birth injury law firm to pursue legal action and access financial compensation. Learn more about working with a law firm that handles birth injury cases.

What Is a Birth Injury Law Firm?

A birth injury law firm can help families harmed by a doctor’s wrongdoing get compensation and peace of mind. These firms are made up of lawyers who specialize in handling birth injury lawsuits.

When doctors and health care professionals fail to perform safe deliveries, babies may develop cerebral palsy, Erb’s palsy, and other serious conditions. Birth injuries can place emotional and financial strains on families. This is where birth injury law firms can support affected families.

A childbirth injury law firm can:

  • Determine if medical malpractice caused harm
  • File a lawsuit against those at fault
  • Get compensation through legal settlements or trial verdicts

If you believe medical malpractice caused your child’s disability, connect with a birth injury law firm. You may be eligible for financial compensation to help cover your child’s care costs.

Why Hire a Birth Injury Law Firm?

Hiring a law firm experienced with birth injury cases has great benefits. According to a study from the TDC Group, the average medical malpractice payout for children under one-year-old was almost $1 million.

Other benefits of working with a birth injury law firm include:

  • Less hassle: Childbirth injury law firms handle most of the work that comes with filing a lawsuit. This can save you and your family the stress of trying to take legal action on your own.
  • Legal expertise: Birth injury firms that have a national reach understand how laws in each state can affect a case. For example, they can help you file your lawsuit within any state’s statute of limitations — laws that place time limits on taking legal action.
  • Strong attorney-client relationships: A birth injury law firm won’t treat you like just a number. Your attorneys will take time to understand your concerns or questions and address them.

It is important to select a birth injury law firm that has experience with families affected by birth injuries. General law firms without birth injury expertise may not provide the same benefits.

How To Choose a Birth Injury Law Firm

The best law firms share a few important traits, so make sure the firm you work with has all of the qualities listed below.

No Upfront Costs

Top childbirth injury law firms work on a contingency basis and only collect a small percentage of the compensation you are awarded. You do not pay any upfront costs and do not pay anything if you do not win your case.

Firms that do charge upfront costs may actually cause you to lose money if they’re unable to win your case.

Good Track Record

Make sure the firm you are considering has a lot of experience handling and winning birth injury lawsuits.

To see if the firm has a good track record, ask these questions:

  • How many years of experience do you have?
  • How many birth injury cases have you worked on and won?
  • Can you provide examples of past cases you have won?
  • How long will the lawsuit process take?
  • How and when will you be in contact with me?
  • Will you handle this claim yourself or refer me to another firm?
  • Do you have references from previous clients?

Answering these questions can help you understand the success the firm has achieved in helping other families affected by serious birth injuries.

Nationwide Reach

National firms are able to assist clients no matter where they live, as they have offices and attorneys across the country. They also keep track of the laws that affect birth injury cases in each state.

In many cases, birth injury law firms reach a national presence due to success at local and state levels. They have ample resources and staff members to understand the causes of birth injuries and, in turn, build strong cases.

Trial Preparations

To resolve the case, it’s likely that your lawyers and the defendant’s lawyers will come to a legal agreement called a settlement. Birth injury settlements award you compensation without the case having to go to trial.

If no settlement can be agreed upon, a trial before a judge and jury may occur. In these cases, you’ll want an experienced law firm handling your case, as the jury may side with either party, and you only get compensation if you win.

Birth injury trials are risky and usually not favored over settlements, but top firms will thoroughly prepare your case in the event a trial is needed.

What To Expect When Working With a Law Firm

First, you’ll need to contact a birth injury law firm that you’d like to represent you. You will provide them with basic facts about your child’s birth injury, such as when it was diagnosed and why you believe medical malpractice may be to blame. They will review the facts of your case and determine whether or not they will represent you.

If they decide to represent your case, you will be assigned a legal team that consists of experienced birth injury lawyers, paralegals, medical experts, and other support staff. Your team will then start building your case by gathering evidence.

This evidence may include:

  • Medical records to confirm the birth injury diagnosis
  • Depositions (testimonies from you and others involved in the case)
  • Hospital bill statements

Lawyers at birth injury law firms use this evidence to show how medical negligence caused your child’s injuries. Once they have gathered evidence to build your case, they will file your lawsuit on your behalf within the appropriate court system.

The defendants (the health care providers and/or hospitals being sued) must then respond to the lawsuit. Typically, defendants will claim they did not cause the birth injury and will hire their own lawyers who will seek to prove this point.

From there, both parties’ lawyers will collect more evidence and try to negotiate a settlement. If a settlement cannot be reached, the case may go to trial.

An experienced birth injury attorney will keep you informed and update you throughout the lawsuit process. The goal of a birth injury law firm is to secure the maximum amount of compensation for your family. If a law firm agrees to represent your case on a contingency basis, they are confident you have a chance to win your lawsuit.

Types of Cases Birth Injury Law Firms Handle

Birth injury law firms can take legal action against various birth injuries caused by medical malpractice.

Types of birth injury cases that law firms handle include:

Find Out If You Qualify for Compensation

If your baby has suffered an injury caused by medical negligence, it is crucial to seek legal help. Doing so can help you worry less about affording your child’s medical care costs and hold accountable those who harmed your child.

To start your search for a birth injury law firm that can help you access compensation and peace of mind, get a free case review now.

Birth Injury Support Team

The Birth Injury Justice Center was founded in 2003 by a team of legal professionals to educate and empower victims and families affected by birth injuries. Our team is devoted to providing you with the best resources and legal information for all types of birth injuries.

View 4 Sources
  1. All Law, “You Need a Medical Malpractice Lawyer - Not Just Any Lawyer”. Retrieved from:https://www.alllaw.com/articles/nolo/medical-malpractice/need-specialist-lawyer.html. Accessed on December 16, 2018.
  2. NOLO, “Medical Malpractice”. Retrieved from: https://www.nolo.com/legal-encyclopedia/medical-malpractice. Accessed on November 16, 2020.
  3. NOLO, “Medical Malpractice FAQ”. Retrieved from:https://www.nolo.com/legal-encyclopedia/medical-malpractice-faq.html. Accessed on December 16, 2018.
  4. Ranum, D. (n.d.). Study of malpractice claims involving children. Retrieved March 18, 2021, from https://www.thedoctors.com/articles/study-of-malpractice-claims-involving-children/
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