Working With a Birth Injury Lawyer in New Jersey
Birth injury lawyers are a subset of personal injury attorneys that handle medical malpractice cases involving newborns. These attorneys work to obtain financial compensation for families affected by preventable birth injuries such as cerebral palsy and Erb’s palsy.
New Jersey birth injury lawyers aim to relieve the stress of the legal process and can file your claim, collect evidence, build your case, and represent you in court.
The Centers for Disease Control and Prevention (CDC) found that it costs families $1 million on average to provide lifetime care to a child with cerebral palsy. New Jersey birth injury lawyers can help you afford these costs.
Each birth injury case is different, so your child may need different treatments to manage their specific symptoms. Birth injury treatments can include physical therapy, occupational therapy, speech therapy, surgery, medication, mobility equipment, and more. Work with a New Jersey birth injury attorney to afford these treatments.
We have helped families near you.
Our partner law firms can work with families in the following New Jersey areas:
- Atlantic City
- Bridgewater Township
- Cherry Hill
- Jersey City
- Mt. Laurel Township
- New Brunswick
- North Bergen
- Toms River
- Washington Township
- Other cities
If you live in New Jersey and believe your child’s birth injury was preventable, you may be eligible for financial compensation. Get a free case review to see if you are able to file a lawsuit.
Birth Injuries and Medical Negligence
Many birth injuries are caused by medical negligence or preventable medical errors made during the birthing process. Mistakes made by doctors and nurses during childbirth can result in lifelong injuries to the child.
Actions that may be considered medical negligence during childbirth include:
- Excessive force while pulling the child’s head, neck, shoulders, or arms out of the birth canal
- Failure to detect or treat fetal distress or abnormal heart rate
- Failure to detect or treat oxygen deprivation (hypoxia) or suffocation (asphyxia)
- Failure to perform a needed C-section (cesarean section)
- Improper use of vacuum extractors or forceps
Costly errors made by doctors can leave children with permanent birth injuries. New Jersey birth injury attorneys can help prove your child’s injury was caused by medical negligence and help you get the justice your family deserves.
Your lawyer will file your lawsuit against the doctors, nurses, hospital, or other health care providers that were negligent during the delivery process.
Types of Cases New Jersey Birth Injury Attorneys Work On
New Jersey birth injury lawyers handle a wide range of birth injury medical malpractice claims. These cases of birth injuries can vary in severity and type based on the type of harm your child suffered.
New Jersey birth injury lawyers handle lawsuits involving common birth injuries such as:
- Brain damage
- Caput succedaneum
- Cerebral palsy
- Cervical dystonia
- C-section injuries
- Erb’s palsy and other brachial plexus injuries
- Forceps delivery injuries
- Infant torticollis
- Intrauterine fetal demise
- Klumpke’s palsy
- Maternal infections
- Meconium aspiration syndrome (MAS)
- Newborn cephalohematoma
- Newborn jaundice
- Vacuum extraction injuries
- Other serious injuries
If your child is showing any symptoms of the birth injuries above, get a free case evaluation to see if you are eligible to work with a malpractice lawyer.
Notable Birth Injury Settlements in New Jersey
Birth injury lawsuits are resolved with one of two case results: a settlement agreement or a trial verdict. A settlement involves the medical professionals responsible for the child’s injury (defendants) to pay a lump sum of money to the family (plaintiffs).
The TDC Group reports that the average medical malpractice claim payout for children under one month old is almost $1 million.
If a settlement agreement cannot be reached, the case will go to trial. A judge or jury will hear both arguments during a trial and decide if the defendant is to blame for the birth injury.
Most New Jersey birth injury lawyers will try to negotiate a settlement since trials can be time-consuming, costly, and very risky. If the court does not rule in your favor, you will not get compensation.
Notable New Jersey settlements and verdicts include:
- $20 million verdict for delayed childbirth and medical negligence resulting in cerebral palsy
- $6.8 million settlement for delayed childbirth resulting in cerebral palsy
- $3.16 million settlement for failure to diagnose
- $1.75 million verdict for failure to inform leading to shoulder dystocia
- $1 million settlement for a brachial plexus injury
When to File a Lawsuit in New Jersey
It is important to file your lawsuit in New Jersey as soon as possible due to the statute of limitations. This law sets a specific time limit on how long you have to sue for medical malpractice. The statute of limitations for personal injury claims is generally a couple of years, with the specific time frames varying by state.
|NJ Statute of Limitations for Birth Injuries||NJ Statute of Limitations for Infant Wrongful Death|
|Before the child's 13th birthday||2 years|
Working with a New Jersey birth injury lawyer can help you navigate the statute of limitations and ensure your case is filed in a timely manner. You may not be able to file a medical malpractice claim if you miss the deadline.
Although the statute of limitations is strict, you should consult with an attorney to see if there are other compensation options available for your family. Get a free case review today to learn more.
Get Help from Birth Injury Lawyer in New Jersey
Medical professionals have a duty to give high-quality care to mothers and babies in the delivery room. Doctors, nurses, and other professionals that do not uphold a high standard of care and make negligent mistakes should be held responsible for their actions.
Birth injuries often require lifelong medical treatment that can be costly to many families. Your family should not pay for your child’s medical expenses if their injury was preventable.
You may be eligible to take legal action and seek financial compensation if your child’s condition was caused by medical negligence. Get a free consultation to see if you are able to work with a New Jersey birth injury lawyer today.
New Jersey Birth Injury Lawyer FAQs
What is the statute of limitations on birth injury claims in New Jersey?
In the state of New Jersey, you must file a birth injury medical malpractice lawsuit before the child’s 13th birthday. The statute of limitations for wrongful death claims is two years.
Connect with a child injury lawyer as soon as possible to make sure your birth injury claim is filed within the deadline.
How much do New Jersey birth injury lawyers cost?
Top New Jersey birth injury lawyers should come at no cost to you.
Most personal injury lawyers work on a contingency fee basis. You will not owe any money unless you are awarded birth injury compensation from your claim. Your legal team will then take a small percentage of your earnings.
How do I know if my child’s birth injury was caused by medical negligence?
The only way to know what caused your child’s birth injury is to speak with a lawyer. New Jersey birth injury attorneys have the experience, expertise, and resources to see if your child’s injury was caused by medical negligence.