Every year, thousands of American families are affected by preventable birth injuries. While birth injuries occur every day throughout the world, in the United States, a birth injury occurs in approximately six out of every 1,000 U.S. births.
Birth injuries can range from minor to severe, including:
Nerve and spinal cord injuries
Cranial nerve trauma
The steps involved in a birth injury lawsuit
Although your attorney handles your lawsuit in your behalf it is helpful
to know the steps involved in a birth injury lawsuit:
Filing and notification. Your attorney drafts and files your birth injury lawsuit with the court. The lawsuit is served upon the accused and he or she contacts his or her medical malpractice Discovery. During discovery, evidence is collected by both sides. And during this stage, you are responsible for providing your child’s medical, financial, and personal information as requested. Typically, your child is given an independent medical examination to support your birth injury claims.
Deposition. A deposition is a procedure in which both sides question witnesses, medical and other experts, and involved parties, about the circumstances of your child’s birth and the related issues of you injury claim.
Settlement. Most cases are settled during the discovery and deposition stages. Your attorney will discuss what he or she feels is an appropriate settlement amount and then negotiate with opposing counsel to obtain a
settlement for you. If you agree to settle the case out of court, the procedure ends. If no settlement agreement can be reached, the case proceeds to trial.
Trial. During the trial your attorney presents evidence and witnesses to support your claim and
opposing counsel presents evidence and witnesses to disaprove your claim. After the completion of final arguments by each attorney, the jury deliberates and returns with a verdict.
Free birth injury case evaluation
If you believe your child has suffered a serious injury during birth due to negligence, you need to speak to an experienced birth injury attorney. Contact the Talaska Law Firm online or call (888)791-5191 to schedule a no cost, no obligation case evaluation.