Birth Injury Claims: What to Expect

Bringing a new life into the world should be a celebration for everyone involved. Unfortunately, when injuries happen, they can devastate a newborn’s health and their family. 

In West Palm Beach, birth injuries happen every day. Every birth injury is different, which makes the claim brought to the courts distinct. They do have the same common progression and process, though the outcomes may be different from one another. 

Understanding the process can help you feel more prepared and at ease with what to expect. Preparing for a case as a parent can feel overwhelming. However, with the legal counsel from The Law Offices of Casey D. Shomo, you have the tools to navigate the process with minimal difficulty.

Filing the Claim

An initial injury claim must be filed by you or your attorney. You have to file in the county courthouse where the incident occurred. In West Palm Beach, it would be Palm Beach County. Filing the correct forms within the deadline or statute of limitations is all that is needed.

The claim is filed as a medical malpractice lawsuit. The statute of limitations on this type of claim is two years from the date of the incident. There may also be a need for an affidavit from a medical professional stating that the medical injuries sustained came from the negligence of a doctor. 

Obtaining a Response

Once the claim is filed, the defendant has to respond typically within 30 days. The defendant can either accept or deny the birth injury claim. During this waiting period, you and your lawyer will work on building a solid case.

If accepted, the claim goes into a settlement phase. If they deny it, you can choose to take them to court to fight for fair compensation.

Proving Negligence

While waiting for a response, you have to prove that the injury occurred due to the negligence of another. This includes compiling medical records, photographs, statements, prior complaints against the same defendant, and testimony from experts.

You will work closely alongside your lawyer to come up with the best legal strategy that will help you move forward. The lawyer oftentimes has previous knowledge and experience of birth injury claims, allowing you to trust in them.

Negotiation and Settlements 

If the defendant accepts the claim you’ve submitted, you can go into negotiation for a settlement amount. Many birth injury claims will successfully be settled without having to go to court. With a lawyer, you can reach an agreement without needing a costly medical malpractice trial. 

Going through a settlement can help you pay for physical therapy, medical expenses, special education, and other costs associated with the injury’s damages. A settlement is usually the best way to go about settling the case because it requires less time and money.  

Bringing the Case to Court

If they do not want to settle outside of court and a trial is required, it starts with a discovery phase. This requires research, gathering evidence, and doing interviews with potential witnesses and experts. 

This can take months to collect enough evidence to support the claim. After the discovery phase ends, the trial begins. All of the evidence and testimonies gathered are presented to a judge and jury. The jury then decides how much the plaintiff should be awarded for the birth injury if anything. 

Seeking the Proper Legal Counsel 

It is important to seek out the proper help in a birth injury claim case. With experienced lawyers in the West Palm Beach area, you can find the right help located just around the corner. 

Call the professionals at The Law Offices of Casey D. Shomo at 561-659-6366 or complete the following online contact form below for a free consultation. Our law office has the experience and knowledge of birth injury claims.