A Birth Injury Lawyer Can Help You

Jun 21
07:58

2011

Anna Woodward

Anna Woodward

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Hiring a birth injury lawyer can help you get what you deserve after you child is injured during the birth process. Understanding the process will help you as you seek a fair settlement.

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When your child suffers during the birthing process due to the fault of those attending the event,A Birth Injury Lawyer Can Help You  Articles you may find yourself with a lifetime of expenses to care for your new baby. Hiring a birth injury lawyer can help ensure that those who are ultimately responsible for the problems your child faces are held financially accountable. This then may give you the money you need to care for your child's ongoing physical needs.

If you choose to hire an attorney, the first step he or she will take is notifying the parties involved in the case that you intend to file suit against them. This gives them the chance to notify their medical malpractice insurance providers about the pending lawsuit. Instead of working with the doctor's lawyers, you will work with the defense lawyers hired by the medical malpractice insurance provider.

Once everyone has been properly notified, the case will move into the "discovery" phase. During this phase, your birth injury lawyer will begin to collect information about the case, as will the lawyers working for the malpractice insurance provider. You will need to be willing to have your child's medical records open for these legal teams to review. Your own medical records may also be required. Sometimes, financial records will be necessary.

At some point during the discovery, you will be asked to undergo interrogatories. These are question and answer sessions wherein you answer questions about the events surrounding your case. It is always a good idea to discuss these with your birth injury lawyer before you go to them, or have your attorney present if this is allowed. The defense may try to trip you up or get you to admit that you are somehow at fault.

An Independent Medical Examination will be required of your child. The defendants will choose a physician to evaluate your child's medical condition and determine if the problem is as severe as you claim. This should not be a problem as long as you are being honest about the condition your child faces as a result of his or her injuries.

Finally, the defendant's legal team will question many individuals who are involved somehow in the lawsuit, including the other parent of your child, any physicians who regularly treat you or your child, or even caretakers. This is called the deposition. It is all part of the fact-finding role of the legal team.

Often, the case will be settled during this initial questioning period. This is another place where your birth injury lawyer is a vital player. When you are faced with large amounts of money in a proposed settlement, it can be tempting to settle for far less than you need. An experienced attorney will know not only what is fair, but also what you can expect to be sufficient as you enter into a lifetime of caring for your child. Once you settle, if you choose to do so, the process is over. If you cannot come to a settlement agreement with the other side, you will go to trial.