Birth Injury Law Firm

Fact-Checked and Medically Reviewed by:
Katie Lavender, RN Registered Nurse
Quick Answer

Birth injuries are often caused by the negligence of medical professionals during childbirth. Birth injury law firms can help families affected by preventable birth injuries pursue legal action and access financial compensation. Learn how a birth injury law firm can help you.

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How Can a Birth Injury Law Firm Help Me?

A birth injury law firm can help secure financial compensation and pursue legal justice for families of children with birth injuries. These law firms have lawyers that specialize in birth injury medical malpractice cases across the country.

A birth injury medical malpractice law firm can:

  • Determine if a child’s injury was caused by medical negligence
  • File a lawsuit against the medical professionals at fault
  • Get compensation through legal settlements or trial verdict

When doctors and healthcare professionals make careless and preventable mistakes during the delivery process, children may develop birth injuries. Birth injuries can deeply affect families, both emotionally and financially.

Many families face significant financial strain when trying to pay for their child’s treatment costs.

$1 Million

The estimated lifetime cost for caring for a child with cerebral palsy

Source: Centers for Disease Control and Prevention (CDC)

Further, a study from the Center for Child and Adolescent Health Policy at Massachusetts General Hospital found that 40% of families struggle to pay for costs associated with their disabled child’s condition.

Compensation secured by a birth injury law firm can pay for:

  • Assistive devices
  • Adaptive transportation equipment
  • Lost wages if parent had to quit job to provide full-time care
  • Mobility aids
  • Occupational therapy
  • Physical therapy
  • Special education costs
  • Speech therapy
  • Surgery
  • Other medical expenses

Find if you can work with a birth injury law firm today with a free case review. Even if you don’t have a diagnosis or don’t know for sure if medical malpractice happened during childbirth – we can help.

Free Legal Case Review

Do you suspect your child’s birth injury was caused by medical malpractice?

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Why Hire a Birth Injury Law Firm?

Birth injury law firms have the experience and resources needed to build a strong case against medical professionals that may harm your child.

Benefits of working with a birth injury law firm include:

  • Less hassle: Birth injury law firms handle all of the work of filing a lawsuit, so you can focus solely on caring for your child.
  • National reach: Medical malpractice law firms with national reach understand how laws in each state can affect a case. They can help you file your lawsuit within any state’s statute of limitations which places a time limit on how long you have to file your case.
  • Strong attorney-client relationships: A birth injury law firm strives to treat you like family. Your legal team will take time to understand and answer any questions or concerns.

General law firms may not have the expertise needed to win a medical malpractice lawsuit. Even if you do win by working with them, you might not get as much compensation as you would if you worked with a birth injury law firm.


the average medical malpractice claim payout for children under one month old

Source: TDC Group study

What to Look for in a Birth Injury Law Firm

There are several important characteristics to look for when choosing a birth injury law firm to work with.

Learn about traits that the best birth injury law firms have below.

No Upfront Costs

The best birth injury law firms work on a contingency basis. This means your lawyer will not charge any upfront costs and will only collect a percentage of compensation if you win your case.


Working with a lawyer that has handled other birth injury cases is very important. Be sure to ask your birth injury law firm about their past clients and successes to make sure they have a good track record.


It is important to work with a law firm that specializes in birth injury medical malpractice. Law firms with expertise in cases like yours will have a multitude of resources to help prove and win your case such as on-staff medical experts, nurse case managers, and a multitude of medical data.

National Reach

National firms have offices across the nation, so they are able to meet with clients no matter where they live. Medical malpractice firms with national reach also know the laws in each state so they know the best way to file your case in your area.

If you believe your child’s birth injury may have been preventable due to lack of proper medical care, talk with one of our registered nurses today.

Nurse Beth Carter

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Call or chat with a caring, experienced nurse right now — we’re standing by to get you help and answers.

What to Expect When Working With a Birth Injury Law Firm

woman with lawyer

The first step in working with a birth injury law firm is a free case review. You do not need a birth injury diagnosis to get a free case review.

If the free case evaluation reveals that you may qualify for legal compensation, a lawyer from a birth injury law firm can meet with you to gather all the information about your case at no cost to you. The law firm can then file the birth injury lawsuit on your behalf if you have a valid case.

You can expect your birth injury law firm to take care of all the heavy lifting that comes with filing a lawsuit. Your legal team will consist of experienced lawyers, paralegals, medical experts, and other support staff.

Your legal representation will keep you updated throughout the lawsuit process and be available to answer any of your questions.

Learn more about the steps of a lawsuit below.

  1. Filing Your law firm will file your lawsuit against the medical professionals that caused your child’s birth injury. You will become the plaintiff and the health care providers that delivered your child become the defendant.
  2. Discovery Both parties will gather evidence to make their claim as strong as possible. Your legal team can gather documentation such as maternal and fetal medical records, witness depositions, expert testimonies, and more to prove your child’s injury was caused by medical negligence.
  3. Mediation Both legal parties will meet with a third-party mediator such as a judge. They will present their evidence and try to come to an agreement to resolve the case without a lengthy trial.
  4. Settlement Most lawyers at birth injury law firms will seek a settlement to resolve the case. If your attorney proves that your child’s injury was caused by medical negligence, the defendants are likely to offer a settlement to pay for your child’s medical costs.
  5. Trial If no settlement agreement can be reached, the case will go to trial. Both parties will present their case to a judge or jury who will then determine a winner.


of all personal injury lawsuits payout without going to court.

Source: Black’s Law Dictionary

Many birth injury lawyers prefer settlements over trials. A trial can add a significant amount of time to the lawsuit process and are very risky since you are not guaranteed compensation.

Types of Birth Injury Cases

Birth injury law firms represent families affected by many types of birth injuries.

Types of birth injury claims that law firms handle include:

  • Brain damage
  • Bone fractures
  • Cerebral palsy (disorders that affect normal movement caused by a brain injury)
  • C-section injuries
  • Erb’s palsy and other brachial plexus nerve injuries (numbness/paralysis of the arm)
  • Fetal distress
  • Kernicterus (brain damage from untreated jaundice)
  • Newborn cephalohematoma (blood pooling under the scalp)
  • Shoulder dystocia (shoulder stuck behind pelvis after delivery of infant’s head)
  • Spinal cord injuries
  • Wrongful death
  • Other common birth injuries

Find Out if You Qualify For Compensation

woman looking at laptop

If you believe your child suffered from a birth injury, seek legal help today. Medical professionals are expected to uphold a high standard of care and not make preventable errors during the birthing process. Experienced birth injury law firms have the resources to hold doctors and hospitals accountable for their medical errors.

Working with a birth injury law firm may help your family access financial compensation to help pay for your child’s birth injury treatment. You can rest assured knowing your child is getting the medical treatment they need to live a long, happy life.

Get a free case review today to learn more about legal options and filing a lawsuit with a birth injury law firm.

Birth Injury Law Firm FAQs

Do I need a diagnosis to get a free consultation?

No. You do not need not a birth injury diagnosis to get your case reviewed for free with a birth injury law firm. See if you can pursue legal help right now.

When should I contact a medical malpractice law firm?

You should contact a medical malpractice law firm as soon as possible. Each state has its own statutes of limitations, a law that sets a time limit on how long you have to file a lawsuit. If you do not file within the statute of limitations, you may lose your right to file a lawsuit forever.

How long will a birth injury law firm work on my case?

Your birth injury attorney will work on your case until it is resolved. Each case is different and can take anywhere from a few months to a few years depending on whether your case is settled or goes to trial.

How much does a birth injury law firm cost?

The best birth injury law firms do not charge any upfront costs. This means you do not have to pay your attorney unless you win compensation from your lawsuit. The attorneys take their fee out of the money they secure for you.

Birth Injury Support Team
Reviewed by:Katie Lavender, RN

Registered Nurse

  • Fact-Checked
  • Editor

Katie Lavender has over 8 years of experience as a Registered Nurse in postpartum mother/baby care. With hands-on experience in Labor and Delivery and a role as a Community Educator for newborn care, Katie is a staunch advocate for patient rights and education. As a Medical Reviewer, she is committed to ensuring accurate and trustworthy patient information.

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 Sources
  1. Anderson, D., et al. (2007). The personal costs of caring for a child with a disability: A review of the literature. Retrieved June 30, 2024, from
  2. Black’s Law Dictionary. (2013, September 30). Pre-trial settlement percentage: Statistics on personal injury settlements. Retrieved June 30, 2024, from
  3. Centers for Disease Control and Prevention. (2020, December 31). Data and statistics for cerebral palsy. Retrieved June 30, 2024, from
  4. Kuhlthau, K., et al. (n.d.). Financial burden for families of children with special health care needs. Retrieved June 30, 2024, from
  5. Ranum, D. (n.d.). Study of malpractice claims involving children. Retrieved June 30, 2024, from