Childbirth is extremely complicated; it is no different from other medical emergencies. It does not give any warning before things go haywire. Therefore, couples spend the entire pregnancy very carefully, ensuring nothing happens to the child and the mother. But, when it comes to delivery, your only discretion is to choose a hospital or a maternity clinic. The rest is in the hands of the medical professionals.
They must provide the best care to patients by oath. But medical teams, including doctors and nurses, falter and sway away from the standards of care. Birth injuries are common at this point. Small mistakes can be costly. It may make the baby dependent on care providers’ help for the rest of their life.
These injuries often result in the death of your child as well. Approximately 134 children die every year from birth injuries, of which many are the result of medical negligence. More alarming is that the number is increasing than dipping down with time.
So, when you are sure that a birth injury such as Erb’s palsy is due to medical negligence of the professionals, you can file a lawsuit.
Why do you need a birth injury lawyer?
Birth injury lawsuits are often very complicated; therefore, you need the services of an attorney to fight your case. The lawyer collects documents, investigates the evidence on your behalf, and drafts all the documents before approaching the court. Often the success of your case depends on the abilities and performance of your lawyer in the court. The process is similar when filing a cerebral palsy legal claim—another type of birth injury.
But how will you find a lawyer who is suitable for your case? Some self-proclaimed lawyers are not fulfilling their duty and conning their clients. So, how would you know the one you have chosen is the right person? Here is a quick guide to help you select the right lawyer for Erb’s palsy or any other birth injury.
1. Experience of the lawyer
You should see the experience of your lawyer. They must have spent enough time on the courtroom floor to know how to handle complicated birth injury claims. You cannot win the case by hiring any lawyer you find; you need someone with real results.
Some people do not pay much heed and approach an attorney that deals with all kinds of personal injury claims. They might be good in their craft, but the complex medical information of a birth injury claim requires someone well versed in this area. Therefore, it is better to hire a lawyer who tackles birth injury claims only. So, you must inquire with your lawyer if birth injury claims are their sole area of expertise or work on other types of claims.
2. Experience dealing with Erb’s palsy claims
Now that the lawyer works on birth injury claims only, the next factor is to see if they work on all kinds of birth injury claims. Like various subareas in law, there are sub-areas in birth injury lawsuits. You must find a lawyer who only deals with Erb’s palsy cases for Erb’s palsy claim. A person focused on one subarea in birth injuries has extensive clinical and legal information about that area.
3. Association with a law firm
Lawyers associated with a law firm must be more preferred than those working alone. Those who work under a law firm have extensive resources at their disposal, which they can utilize to develop a strong case. Their teams of attorneys and paralegals help gather all the important clinical and non-clinical documents regarding your case. With a larger team of employees, including nursing assistants, there are more chances to reach the witnesses and manage depositions promptly. Moreover, it is also easier to verify the reputation and work of attorneys when they are associated with a law firm.
4. National reach
The law firm you chose must have a national reach. These lawyers can travel across various states to help you with the case. Often the representatives of the firm come to your house to take your statement. So, hiring such lawyers is convenient too. Moreover, they can file your case in the state where the statute of limitation still allows you to file the claim with their broader reach. Normally, parents have two years to file for compensation. But in some states, you may get more than two years to file for the claim. Generally, it is better to file as early as possible to have the finances available to provide the best treatment to your child.
5. Respect and empathy
An Erb’s palsy diagnosis in your child is a very painful moment in parents’ lives. Therefore, a birth injury lawsuit has an emotional dimension too. An experienced Erb’s palsy attorney understands the parents’ emotional struggle too. So, they are often compassionate and respectful in their behavior with the client. They recognize their client’s medical and financial difficulties and deal with them respectfully. So empathy and respect are two important parameters to judge your lawyer. Seeks the answers like: Do they make you feel respected? Are you comfortable sharing your struggles and difficulties with them? Can you feel the honesty in their actions and behavior? If you get constructive answers to these questions, congratulations! You might have found the right attorney for your case.
6. Free case review and Contingency fee
Most high-performing firms offer a free case review to their clients. It is also clearly mentioned on their websites, so there is no consultation fee. They will review your case and see the possibility of winning the compensation. If they think you have a strong case worth going into legal proceedings, they might advise you to go ahead. So, the availability of free case review is one of the ways to judge the suitability of a lawyer.
A related aspect is their fee plan. Big law firms do not charge their birth injury clients any upfront fees. Instead, their payment policy usually involves a contingency fee. So, you will pay the lawyer after they have won the case and received compensation from the defendants. Should the lawyer fail to recover compensation, no payment will be made. So, this payment plan also shows the firm’s confidence in its expertise. So, if a law firm or a lawyer asks for an advanced fee or an out-of-pocket fee for the lawsuit, you should probably stay away from them.
Birth injury claims are complicated, so you need the best lawyers for this job. The higher the attorney’s experience, the more you get a settlement. Going for an attorney who deals with similar birth injury claims is a plus that gives you more confidence about a positive outcome.