The birth of a child should be a time of joy, but when complications arise and birth injuries occur, it can lead to a heart-wrenching and challenging situation for families.
In such cases, parents may find themselves facing not only emotional turmoil but also the daunting task of understanding their legal rights. This is where a birth injury law firm like Smith LaCien LLP can provide invaluable assistance.
Birth injuries occur during pregnancy, labor or delivery when medical experts fail to diagnose a condition or prevent infection, make an incorrect diagnosis or treatment, misread lab results, make a medication error, or fail to warn the patient about potential risks.
Here are just a few ways that a qualified injury lawyer can help.
Evidence of Medical Negligence: If you even suspect that the birth injury occurred due to medical negligence or malpractice, a Chicago medical malpractice lawyer’s knowledge and experience can help you determine if you have a valid case. They work on a contingency fee basis, meaning you don’t have to pay them anything upfront. Instead, they take a percentage of your compensation if you win your case.
Lifelong Consequences: Birth injuries can result in the need for long-term medical treatment and physical therapy. A birth injury lawyer can help calculate the potential financial impact of these consequences and work to secure the compensation needed to provide proper care for the child.
Legal Deadlines: Each jurisdiction has specific statutes of limitations that determine how long after the injury a lawsuit can be filed. Birth injury cases are time-sensitive, so it’s important to consult a lawyer as soon as possible and feel assured they can handle your case.
Complex Legal Process: Birth injury cases involve complex medical and legal aspects. An experienced birth injury lawyer understands the complexities inherent in both the medical field and the legal system, which will help ensure that your case is thoroughly investigated, properly prepared for trial, and presented in court in a logical way with evidence that supports your story.
In the U.S., the right to a jury trial is regarded as a fundamental constitutional right. To win monetary compensation for injury related to medical negligence, a patient needs to prove that substandard medical care resulted in an injury. The allegation of medical negligence must be filed during a defined period called the “statute of limitation,” which varies from state to state.
Once negligence has been established as the cause, the court calculates the monetary damages which include actual economic losses like future medical care, and noneconomic losses which are subjective and include pain and suffering, inconvenience, and emotional distress.
The role of a personal injury lawyer in this process is to act on behalf of their client and negotiate fair compensation for damages sustained during an incident. This means they will handle the legal paperwork, communicate with the insurance companies, and represent you in court. In addition, having a Chicago personal injury lawyer represent you in court can significantly increase your chances of success.
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