Birth Injury Settlement

A settlement for a birth injury can be used to pay for long-term therapies that will allow your child to have a more pleasant life. These treatments could include medication, home modifications and devices like wheelchairs.

Many families settle their cases due to the fact that medical malpractice cases aren't very common. The amount of settlement depends on a number of factors.

Damages

galveston birth injury law firm injuries can impact all aspects of the child's life including their quality of living. Some patients may need medication to treat their symptoms, while others may require modifications to their homes or medical devices such as wheelchairs. Parents may also be required to quit their jobs to take care of their children, resulting in an income loss. A lawyer will assess a patient's estimated lifetime treatment costs and seek enough compensation to cover these expenses.

The severity and duration of the injury could determine the value of a settlement. A person suffering from cerebral palsy may have a higher medical cost over the course of their life than a person with Erb's Palsy or Shoulder Dystocia. Some states limit the amount of noneconomic damages for suffering, pain and emotional distress, which may lower a settlement value.

If the lawsuit is filed, attorneys for both sides will prepare evidence and gather information from witnesses to prove their claims of negligence. The parties will eventually meet to discuss possible solutions via settlement negotiations. If negotiations are unsuccessful and the case is unable to be resolved, it can be taken to trial, where a judge and jury will hear arguments and then issue a verdict. However, trials tend to be more expensive and lengthy than settlements. Therefore, it is recommended to settle as soon as you can.

Expert Witnesses

Expert witnesses can provide important evidence in support of an action for damages. They can also play a critical role in showing causation, which is essential to any medical malpractice claim. It could be difficult for juries to determine whether your child's injuries result of the defendant doctor's infraction to accepted professional practices without expert testimony.

Your attorney will have to establish the connection between negligence and the harms suffered by your child in order to establish the causation. This can be done using many different methods such as medical records and expert testimony. Your lawyer can help you locate the best expert witness to assist your case.

Your legal team will identify the defendants in your child's birth injury case. This could include obstetricians medical specialists for maternal-fetal medicine, nurses during labor and delivery, and other healthcare providers. Then, they'll need to determine the level of care that is generally defined by medical knowledge. This will require a thorough review and analysis of your child's records which could be very complex.

Your attorney will also have to estimate your child's needs for care. This can be complicated, as it involves estimating costs for equipment and therapies such as in-home caregivers, surgeries and procedures and much more. Your lawyer woned lawyer. A legal team that is competent will be able to analyze the many different factors that affect a birth injury settlement and how to present them in court so that you receive the highest amount of money.

The process begins with a free consultation with your lawyer to establish an attorney-client relationship. Your lawyer will investigate the matter by looking over medical records and calling in expert witnesses to define the accepted standard for the applicable procedure.

Your lawyer will also negotiate with defendants' insurance companies and force them to agree for the right amount of damages. If this doesn't work then your lawyer will bring a suit against the medical professionals to take the case before a judge and jury.

If a verdict is made the lawyer will draft the documents which will be used to calculate the amount of damages you and your child deserve. This includes the projected costs of medical treatment in the future as well as the loss of income and other economic damages. Your lawyer can also calculate the lifetime costs for care of your child's injuries. This is known as life-care plan. This is often a significant portion of the settlement that is awarded.