What to Expect During a Birth Injury Trial
A birth injury can be an incredibly traumatic event and can change the lives of those involved forever. A birth injury refers to any physical injury or trauma that affects the newborn or the mother during the birth. Common types of birth injuries include cerebral palsy, Erb's palsy, brachial plexus injuries, fractures, and brain damage. When a birth injury has occurred due to medical malpractice or negligence, it's important to make a birth injury claim. This ensures that there are repercussions and will help to prevent it from happening again. If you or a loved one has experienced a birth injury, it’s important to understand what to expect during the process of making a birth injury claim. In this article, we’ll outline the steps involved in a birth injury claim and what you can expect during each stage.
Gathering Information and Evidence
The first step in making a birth injury claim is to gather information and evidence. This may include medical records, witness statements, and any other documentation related to the birth and subsequent injury. It’s important to work with experienced birth injury attorneys who can help you collect and organize this information so that it can be presented in the most compelling way.
Filing a Claim
The next step in the process is for the claim to be filed. Your lawyer will usually file this for you on your behalf. This will typically involve them submitting a detailed complaint that outlines
-The nature of the injury
-The parties involved
-The damages sought
From here, the ball starts rolling as the defendant will then only have a certain amount of time to respond to the claim.
You can think of the discovery phase as an investigation. Both parties will exchange information and evidence related to the case. Within the discovery phase, there may be depositions, written interrogations, and requests sent to obtain any relevant documents. Your lawyer will work closely with you to ensure that all relevant information is provided to the opposing party and that any requests for information are responded to. During this stage, your case will be built and fleshed out.
Negotiation and Settlement
Once your case is built, it's up to both parties to engage in negotiations. It's possible that your lawyer will work on getting a settlement, meaning the case wouldn't need to go to trial. Your lawyer will work closely with you to evaluate any settlement offers that are made and provide guidance on whether to accept them. If a settlement can’t be reached, the case will proceed to trial. This leads us to the next step.
You haven’t been able to reach a settlement, your case will then go to trial before a judge. Your lawyer will present your case using any evidence, testimonies from medical experts, witnesses, and any other parties that have been in some way involved with the birth and subsequent injury. After your case has been made, the jury will determine liability and damages. If the jury decides in your favor, then the next step will be to work out how much compensation will be provided.
If either party is dissatisfied with the outcome of the trial, they may choose to appeal the decision. The appeals process can be lengthy and complex, so it’s important to work with an experienced birth injury lawyer who can guide you through this process.
In conclusion, a birth injury claim can be a lengthy and challenging process. However, with an experienced team on your side, you'll be able to navigate the legal system, ensure your rights are protected, and be able to access fair and legal compensation for any suffering caused. By understanding what to expect during each stage of the process, you can be better prepared to make informed decisions and pursue the compensation and justice that you deserve.