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If a child has suffered a birth injury, the parent or guardian may be able to file a legal claim. When families are hesitant to do so, a friend or family member may be able to encourage them to pursue birth injury compensation. Learn useful tips for talking to a loved one about filing a legal claim.
1. Explain That It’s Not Their Fault
When a child suffers a birth injury, it’s important to understand that the family has been through a traumatic experience. They’re likely to have powerful emotions and may not be ready to hear another person’s thoughts.
For that reason, the best first step is to be there as a source of comfort and reassure them that none of this is their fault. In many cases, birth injuries are caused by medical malpractice.
By establishing yourself as a source of support, your loved one will be more likely to share their thoughts and emotions about the experience. They may have questions, beliefs, and feelings about the birth injury, and this is your time to actively listen.
Once they understand that the cause of the birth injury may have resulted from medical negligence, they may feel more confident about taking legal action.
Lawyers for birth injuries specialize in helping clients who have endured birth injuries. They may be able to seek compensation on your behalf to help pay for your child’s care. Get a free case review right now to find out if you’re eligible.
2. Point Out the Cost of Treatment
One of the main reasons for filing a birth injury claim is to help families pursue compensation for medical treatment, care, and other expenses.
A child with a birth injury may need:
- Assistive devices to aid mobility
- Frequent doctor visits
- Medications
- Modifications for the home
- Physical therapy
- Speech therapy
Lifetime care for a child with a severe birth injury like cerebral palsy can cost over $1 million, placing a significant financial strain on families.
Once your loved one realizes that treatments may cost more than expected, they may be more open to exploring options for financial support.
3. Let Them Know About Filing a Claim for Compensation
Now that your loved one understands the substantial cost of treatment, they may be open to ideas about how to improve their financial situation.
This may be an appropriate time to bring up the idea of legal compensation. Families raising a child who suffered a birth injury should know that they may be able to file a birth injury lawsuit.
Labor and delivery malpractice settlements and verdicts can cover the costs of care, making it important to consider legal action if your family suspects a preventable birth injury occurred.
It’s important for your loved one to understand that if a medical professional’s mistake causes harm, families may take legal action to seek accountability and compensation.
Every year, about 20,000 medical malpractice lawsuits are filed in the United States, and many are birth injury lawsuits.
Filing a legal claim doesn’t guarantee compensation, but it could provide significant financial support for families raising children with birth injuries.
A birth injury lawyer can guide families through the legal process, allowing them to focus on caring for their child. An attorney can work to secure a birth injury malpractice settlement, which can provide much-needed compensation for a child’s care.
The best birth injury lawyers are experienced with these complex cases and never charge upfront costs or hourly fees. The birth injury attorneys in our network have proven experience, and you never pay out-of-pocket fees.
4. Listen to Their Concerns and Respond Calmly
After introducing the idea of filing a legal claim for a birth injury, your loved one may have mixed feelings. They might be eager to speak with an attorney or have questions and concerns.
It’s important to listen and let your loved one share their feelings. Their opinion may be shaped by past legal experiences.
Families often hesitate to file a birth injury lawsuit, thinking it’s complicated or costly. However, birth injury attorneys manage the legal process and only get paid if they win compensation.
If your loved one has objections, listen and show understanding. Share how filing a claim could ease the financial burden of treatment and provide the support the family needs.
By focusing on their concerns, you create space for a thoughtful conversation about the potential benefits of legal action.
5. Help Them Understand the Legal Process
It’s common for families of children who’ve suffered a birth injury to avoid filing a claim because they don’t feel like they want to deal with the added burden.
Birth injury attorneys understand the trauma that families have experienced, so they strive to make the process as easy and stress-free as possible.
A birth injury lawyer can help with the legal process by:
- Providing a free case review, so a family can find out if they may have a claim
- Gathering medical records and other evidence to build a strong case
- Filing a birth injury lawsuit before any deadlines
- Fighting for compensation from a birth injury settlement or verdict
It’s important that your loved one take action without delay. The birth injury statute of limitations varies for every state, and once it passes, they won’t be able to file a claim and seek the compensation they deserve.
Get Legal Help for a Birth Injury
When you see that a child has suffered a birth injury, it’s natural to want to help. In some cases, that may involve talking to the family about taking legal action.
By working with an experienced birth injury law firm, families may be able to secure compensation to help provide their child with the best future possible.
The Birth Injury Justice Center is here to help connect you with a top birth injury law firm near you.
Call us right now at (800) 914-1562 or get a free case review to take the first step toward compensation and justice.
