Birth injuries can have devastating consequences for both the child and their family. In some cases, these injuries are caused by medical negligence or malpractice. If you believe that your child’s birth injury was the result of a healthcare provider’s negligence, it may be in your best interest to consult with a birth injury attorney. These attorneys specialize in handling cases related to birth injuries and can help you seek compensation for the damages you and your child have suffered.
What is a Contingency Fee Basis?
When you hire a birth injury attorney, they typically work on a contingency fee basis. This means that you do not have to pay any upfront fees or out-of-pocket expenses. Instead, the attorney will only receive payment if they are successful in obtaining a settlement or favorable verdict on your behalf. The attorney’s fee is then a percentage of the amount recovered, usually around 30% to 40%.
How Do Birth Injury Attorneys Determine if You Have a Valid Case?
Before taking on a birth injury case, attorneys will typically conduct a thorough evaluation to determine if you have a valid claim. They will review your medical records, consult with medical experts, and assess the potential negligence or malpractice that may have occurred. If they believe that you have a strong case, they will proceed with representing you and fighting for your rights.
What Services Do Birth Injury Attorneys Provide?
Birth injury attorneys provide a range of services to their clients. These may include:
- Investigating the circumstances surrounding the birth injury
- Gathering evidence to support your claim
- Consulting with medical experts to establish negligence
- Negotiating with insurance companies on your behalf
- Preparing and filing legal documents
- Representing you in court, if necessary
What Are the Benefits of Hiring a Birth Injury Attorney on a Contingency Fee Basis?
Hiring a birth injury attorney on a contingency fee basis offers several benefits:
- No upfront costs: You do not have to worry about paying for legal fees if you cannot afford them.
- Increased motivation: Since the attorney’s fee is contingent on the outcome of your case, they have a strong incentive to work diligently and secure the best possible outcome for you.
- Access to resources: Birth injury attorneys have access to a network of medical experts and resources that can strengthen your case.
- Experience and expertise: Birth injury attorneys specialize in this area of law and have the knowledge and experience to navigate complex birth injury cases.
FAQs
1. How long does it take to resolve a birth injury case?
The time it takes to resolve a birth injury case can vary depending on various factors, such as the complexity of the case and the willingness of the opposing party to negotiate. Some cases may be resolved within a few months, while others can take several years.
2. What if I cannot afford to pay for medical experts and other expenses?
When you hire a birth injury attorney on a contingency fee basis, they will cover the costs of necessary expenses, such as hiring medical experts and filing legal documents. These expenses will be deducted from the final settlement or verdict.
3. Can I still pursue a birth injury case if my child’s injury occurred several years ago?
Statutes of limitations vary by state, but in many cases, you may still be able to pursue a birth injury case even if the injury occurred several years ago. It is best to consult with a birth injury attorney to understand the specific laws and deadlines that apply to your case.
