Parents of children with birth injuries, just like all parents, become acutely aware of the responsibilities of being a new parent the moment their babies are born. As the days turn into weeks, months, and years, parents of children with birth injuries also become aware of just how much additional care their child’s injuries require. They often find it difficult to balance work –– which critical to meeting the financial needs of their families, including the additional care required for their children’s medical conditions ¬¬–– and quality time with their children, allowing them to develop and grow. A birth injury lawsuit can ease the financial strain of providing specialized medical care and other needs of their children. If you are considering filing a birth injury lawsuit, a common question you might have is how long a typical birth injury case takes, from start to finish.
While each birth injury lawsuit is unique, many birth injury cases are resolved within eighteen months to two years from the time that they are filed. Of course, some cases do take longer than that, it is important that parents with birth injury claims that are potentially viable do not let the length of time involved in a birth injury lawsuit deter them from pursuing the recovery and assistance that they deserve.
At the beginning of a birth injury lawsuit, your attorney must gather your prenatal medical records and your child’s medical records so that he or she can assess how likely it is that the negligent actions of medical professionals led to the injury suffered by your child. If it appears that your child’s injury was likely caused by the negligence of one or more medical professionals, the attorney can file your birth injury lawsuit.
After your birth injury lawsuit is filed, a few things are likely to happen during the next phase of your case. Your attorney will gather information about your case by requesting information from the other parties’ attorneys and providing them with the information that they request through the process of discovery. The attorneys for the parties against whom the case was brought may extend one or more settlement offers to your attorney, which they will discuss with you before you choose to accept or reject them. At this point, the beginning of the preparation for trial also is taking shape. However, it is also common that birth injury cases get resolved through settlement.
If it becomes clear that the parties who are named in the legal action are not going to extend a settlement offer that will adequately compensate for the injuries and injuries that your child has sustained, your attorney will prepare the case for trial. During the trial, your attorney will present evidence in support of awarding a verdict in favor of your family and they will also present evidence that disproves the arguments being made by the parties that you have sued. At the close of trial, a verdict will be issued.
My name is Charles H. Thronson, of Parsons Behle & Latimer, and I am here to help you pursue the financial recovery that your injured child deserves. If you have questions about birth injury lawsuits, please contact my office to schedule a consultation.