Were you and your child involved in a difficult delivery that led to a birth injury? While you cope with an injured newborn and learn about the care they need, you might wonder what to look for when choosing a birth injury attorney. Indeed, your child’s health is your priority, not getting an attorney. As a result, you might not know what to look for or where to look.
When choosing a lawyer to represent you, look for one in your area with experience managing these types of cases and a history of success. Additionally, because your child’s ongoing care is likely to be costly and extensive, you want a lawyer who works on a contingency fee basis. Finally, look for a responsive and supporting attorney who will keep you updated on your case.
Engage in a Mutual Interview Process
Most personal injury lawyers offer free initial consultations. During your first meeting, the lawyer or a member of their team will ask you questions about your pregnancy, labor, and delivery. The questions they ask will help them determine the merits and feasibility of your case. Answer their questions as fully as possible, then be prepared to ask these questions of the team:
- How long have you practiced law?
- How many birth injury clients have you represented?
- Did those cases settle before going to court?
- Will you represent me or assign my case to someone else?
- What are your fees for representing birth injury cases?
Ask any additional questions that come to mind, including whether you must do any legwork in your case. The lawyer you choose should understand your preference to stay by your baby’s side.
Choose a Lawyer Who Will Work with and for You
You might find it frustrating and stressful to have a birth injury case pending with no idea of the status of your case. Therefore, you will want a responsive and supportive personal injury team that will:
- Ensure you receive timely updates about your case
- Offer open and transparent client-lawyer communication
- Respond to your calls, emails, and text messages
- Accurately assess the value of your case
- Negotiate a favorable monetary settlement
- Represent you and your child in court if necessary
The settlement negotiation process involves a lot of back and forth with the negligent healthcare provider’s insurance company and attorneys. Ultimately, the decision to accept an offer is up to you, not your lawyer. You will want to look for a lawyer who will review every settlement offer, inform you of its pros and cons, and guide you toward an informed decision.
Choose a Lawyer Who Knows How to Value Your Case
Birth injuries are a specialized area of personal injury cases. In most personal injury cases, you can request damages for future care, lost income, and pain and suffering. However, because your child’s future can be hard to predict, that can make assigning a value to your case challenging.
In some cases, the challenge comes from determining how your child’s condition will affect their growth and development. You’ll want a lawyer who will work with your child’s medical team, developmental experts, and social workers. Together, they will help your lawyer accurately value your case and ensure your child gets the ongoing support they need and are entitled to receive.
Choose a lawyer who can help you prepare as fully as possible to maximize your child’s recovery and optimize their future. Your lawyer should also be willing and able to fight for the best possible outcome of your case.
Choose a Lawyer Who Will Not Back Down From a Fight
You may prefer an out-of-court resolution to your case. However, while a settlement can bring a simple and effective end to your case, it might not be possible. Therefore, while most cases like these settle out of court, the medical malpractice lawyer you choose should not be willing to settle at any cost.
Sometimes, the at-fault party’s insurance company might act in bad faith, believe their client is not at fault, or persist in making lowball offers, hoping to wear you down. The lawyer you choose should have no qualms to pursue your case through the court system. Going to trial is uncommon, but your attorney should be prepared to do so.
Contact Our Team for Help with Your Case
Are you ready to pursue compensation after your newborn suffered a birth injury? Once you know what to look for when choosing a birth injury attorney, learn what our team can do to help you recover compensation for your son or daughter.
Put the power of our birth injury team to work for you. Contact one of our team members at the Law Offices of Anidjar & Levine by calling 1-800-747-3733 today.
We Can Help.
