Call Now | (412) 206-5300
Birth injuries can have life-altering consequences for families, leading to physical, emotional, and financial challenges. If your child has suffered a birth injury due to medical malpractice, pursuing a settlement can provide much-needed financial relief. This guide offers an in-depth look at birth injury settlement negotiations, the factors influencing compensation, and the role of legal representation in achieving a fair outcome.
What is a Birth Injury Claim? A birth injury claim is a legal action filed by families whose child has sustained harm during childbirth due to negligence or medical errors. These claims aim to secure compensation to cover medical expenses, ongoing care, and emotional damages.
Common Causes of Birth Injuries Birth injuries may result from:
Filing a Birth Injury Claim The process begins by consulting with a specialized birth injury attorney who evaluates your case’s viability. Your lawyer will gather evidence, including medical records, expert testimonies, and hospital protocols, to build a strong claim.
Establishing Liability in Medical Malpractice To prove liability, it must be shown that:
Tell us what happened. Just call to us.
Severity of the Injury The extent of the injury plays a significant role in determining settlement amounts. Severe conditions, such as cerebral palsy or brain damage, often lead to higher compensation due to long-term medical needs.
Medical Costs and Future Expenses Settlements account for:
Emotional and Non-Economic Damages Non-economic damages compensate for pain, suffering, and emotional trauma experienced by the child and family.
Benefits of Legal Representation Hiring an experienced attorney can:
Negotiating Damages and Compensation Attorneys leverage medical records and legal precedents to argue for fair compensation. They also counter low settlement offers from insurance companies.
Average Duration of Settlement Negotiations Most birth injury cases are settled within 6-12 months. However, complex cases involving disputed liability may take longer.
Factors That Can Delay the Process Delays can occur due to:
Initial Discussions and Offers Settlement talks often begin with an initial offer from the defendant’s insurance company. These offers are typically lower than the actual value of the claim.
Strategies for Reaching a Fair Agreement
How Are Birth Injury Settlements Calculated? Settlements are calculated based on:
How Long Does It Take to Settle a Birth Injury Case? On average, cases are resolved within 6-12 months, but disputes over liability or compensation can extend this timeframe.
Can I Negotiate a Better Settlement? Yes. A skilled attorney can help you negotiate a higher settlement by presenting strong evidence and challenging lowball offers.
Negotiating a birth injury settlement can be emotionally taxing for families. The process requires revisiting traumatic events, engaging in complex discussions, and managing expectations. Seeking emotional support from counselors or support groups can provide much-needed relief during this time.
Consult an Attorney Start by consulting a lawyer who specializes in birth injury cases. They can assess your case, advise you on next steps, and handle negotiations.
Gather Evidence Collect medical records, bills, and documentation of the injury’s impact on your child and family.
File Your Claim Work with your attorney to formally file the claim and notify the liable parties.
Participate in Negotiations Be actively involved in discussions to ensure the settlement meets your family’s needs.
Accept or Proceed to Litigation If a fair settlement cannot be reached, your lawyer may recommend taking the case to court.
Birth injury settlement negotiations require careful preparation, a strong legal team, and a clear understanding of the factors influencing compensation. While the process can be emotionally and financially demanding, securing a fair settlement ensures your child receives the care they need.
If your family is navigating a birth injury claim, consult a skilled birth injury attorney today. A lawyer can guide you through the process, advocate for your rights, and help you achieve a fair settlement. Don’t delay—contact Matzus Law, LLC to protect your child’s future.
Helping each and every one of our clients with tenacious representation when they need a strong and passionate advocate.