Birth Injury Lawyers and
Top Rated Birth Injury Attorneys

When Do You Need a Birth Injury Lawyer?

If you or your child suffered a birth injury during or after delivery, it is important to reach out to a birth injury attorney. Common examples of birth injuries include:

• Head injuries
• Damage caused by lack of oxygen
• Deafness
• Blindness
• Autism
• Down Syndrome
• Cerebral palsy
• Erbs palsy

A birth injury falls under medical malpractice laws. Birth injury lawyers file lawsuits against medical practitioners, hospitals, or other parties who may be responsible for the birth injury.

A lawyer can help you pursue legal action against all of the parties who may be responsible and to recover damages to compensate you or your child for their injuries. A lawyer for birth injury will help their client prove the required elements for their birth injury claim.

The attorney will collect the necessary evidence to help the client prove their claim, such as:

• Personal accounts of the incident
• Medical records
• Expert testimony
• Depositions of various witnesses, such as:
  • the doctor
  • nurses
  • other hospital staff members

When a birth injury claim is successful, the plaintiff may be awarded damages, such as:

• Compensatory or general damages: This is compensation for pain and suffering.
• Special damages for pecuniary losses: This includes past and future medical expenses as well as loss of income.
• Punitive damages: These are intended to punish the defendant for willful or wanton misconduct.

In cases of birth injuries, the injured party is typically the newborn child. However, injuries that happen at birth can also be traumatic to the newborn child as well as the child’s parents.

Due to this issue, in certain cases, the child’s parents can also recover damages when medical malpractice results in birth injuries. Your birth injury attorney will work to ensure that you receive the appropriate damages award.

How Much Does It Cost to Hire a Birth Injury Lawyer in the U.S.?

The majority of birth injury cases, because they are medical malpractice cases, will be handled on a contingency fee basis. This means that the birth injury lawyer will not be paid unless they win the case.

The client will not pay on an hourly basis or any up-front cost using this fee arrangement. The lawyer will take a percentage of the award or settlement that the client receives, which is usually between 33 to 40 percent.

A lawyer may also use a tiered fee structure, with the fee percentage decreasing or increasing depending on when the case is resolved and whether it goes to trial. It may be possible for the client to negotiate this percentage with their attorney before the case begins.

What to Look for in a Birth Injury Lawyer?

There are things an individual should consider when looking for a birth injury lawyer, including their:

• Experience: It is important to find a lawyer with experience handling birth injury cases.
  • The lawyer should also have knowledge of the legal and medical issues involved in the case.
• Communication skills: A lawyer should be able to effectively communicate the circumstances of a case to the court.
  • It is also important to find a lawyer who is patient, friendly, and answers any questions throughout the process.
• Location: The lawyer must be licensed in the client’s state to take the case.
• Compassion: These cases are often emotional, so it may be helpful to look for a lawyer who is understanding and compassionate.
• Success rate: A potential client should ask about the lawyer’s success rate handling these types of cases.

It is most important to find a lawyer who you are comfortable working with and who meets your needs and budget.

How to Prepare for Your Consultation With a Birth Injury Lawyer?

It is important for you to take the time to prepare for your consultation with your birth lawyer, which can include:

• Gathering relevant evidence and documents: It is important to bring anything that may be related to your case to the meeting, such as medical records, medical bills, and any other costs and let the lawyer determine what will be used.
• Preparing questions and concerns: It is important to make a list of any questions and concerns you have beforehand so they can all be addressed.
• Discussing the strategy that will be used: You should ask how your case will be handled to make sure it meets your expectations.
• Being realistic: You should have realistic expectations about how your case can be resolved and the amount you may receive in damages.

Where to Find Birth Injury Lawyers in the U.S.?

If you are wondering, “where to find birth injury lawyers near me?” or “where to find a birth injury attorney near me?,” LegalMatch.com can help. Use LegalMatch for a no cost and convenient way to submit your birth injury issue online.

You will get responses from attorneys in your area who are ready to start working on your case in around 24 hours. Birth injury cases can be complex to prove and often require the use of expert testimony to explain and corroborate injuries suffered.

Your birth injury attorney is best equipped to present your case to the court and represent you during negotiations with the defendant or defendants. It is important to have a lawyer represent you during any negotiations to ensure that you receive a fair offer based on the circumstances of your case.