February 13, 2024

5 Things to Consider When Hiring a Birth Injury Lawyer

When your child suffers a birth injury, it can be hard to know where to start. As you come to terms with the injury and begin to make a plan forward, it is essential to consider your options for funding. The long-term medical costs and other expenses associated with a birth injury can be high. Victims of birth injuries can often suffer permanent disabilities, and providing the necessary standard of care can cost millions of dollars.

One option for families is to pursue a malpractice lawsuit against the hospital, doctor, or medical provider that caused the birth injury.

If you are considering legal action, your first step will be to find a lawyer to represent you. Making the right decision at this stage can make or break your case. This guide will equip you with the necessary knowledge to make the right decision.

Expertise

Medical malpractice lawsuits are complicated cases, especially birth injury suits. Complexities in medicine and variations of laws on the federal, state, and even local levels require successful birth injury lawyers to have a deep knowledge of medical and legal issues. If you want to maximize your chances of a successful suit, finding a lawyer with expertise not just in medical malpractice but also in birth injuries specifically is a must.

When you are searching for a birth injury lawyer, it isn’t always easy to decipher whether they have the expertise you need. A good place to start is by looking at a firm’s case history. A history of successful trials and settlements can be a good indicator that the firm has the expertise necessary to succeed in complex birth injury cases again and again, especially if they have a history of high-value success (i.e., securing significant amounts of money for their clients) and success throughout the country.

You can examine a law office’s cases to look for similarities between their success and your case. For example, if your child suffered a serious injury, such as a brain injury, you should look for a firm that has dealt with similar cases.

Experience

Where a firm might have many lawyers who appear to be experts in birth injury malpractice and may have a recent history of successful cases, it is also worth considering their longer-term experience in the field. In complex cases, experience matters as much as expertise. As lawyers work together on these cases, consider how much collective experience the firm has, not just in law in general but in birth injury malpractice law. A long history of work in this field means the lawyers at the firm are likely to understand the nuances of the law across the country and will be able to produce better results at trial and the negotiating table.

It is also worth looking at the bios and history of the attorneys at a firm to see how long they have been in the field. Even if you don’t know which attorney will handle your case, you’ll get a sense of the experience the firm shares. Look for signs that an attorney has worked at malpractice firms for some time or even that they have worked in malpractice defense – they will have insight into the tactics defense teams use, which will help them prepare your case.

Location

When considering a law firm for a birth injury suit, location is vital for two main reasons. Firstly, and critically, it is essential to know where a law firm is licensed to practice – as this will affectwhether or not they can take your case. You may need to speak directly with the firm to know for sure, but a firm’s case history can indicate where they have been able to pursue cases in the past. State laws vary with changes in the maximum compensation available, and each state may have a different statute of limitations, so location can be a vital factor in your case.

Secondly, your comfort with the location. Birth injury cases can be tiring and emotionally taxing – so it is essential you choose a firm you are comfortable with, which includes their location. As you look at law firms, consider the following questions:

  • Would I prefer to have my consultations in person, virtually, or over the phone?
  • Do they have an office near enough for me to travel to?
  • Are the lawyers willing to travel to meet me where I am?
  • Does the firm have an after-hours line in case you cannot reach them during regular business hours?

Knowing the answer to these questions will help you decide which malpractice lawyers are right for you. Beyond prowess, it is important to know your lawyers have your comfort and care in mind and that you can reach them whenever and however you need.

Size

A birth injury lawsuit is a sensitive matter, and you will want to have an attorney you can trust throughout the experience. With a large law firm that practices all sorts of law, you may find that you are not getting the attention you deserve. On the other hand, a small firm may be able to provide a closer relationship with your attorney, but they may not have the resources they need to get the best possible result for your case.

A firm with between 20 and 50 attorneys is a good option, as it is likely you’ll have close and consistent communication with the attorneys on your team. If they have a strong case record, too, that indicates that a firm of this size is well-resourced and has the finances and connections available to hire the best medical experts for your case.

Care

Having a law firm at your back that cares matters – as it won’t just impact your experience with the firm but also your chances of success in a lawsuit. The right arguments to bring to court and the mettle to get you what you deserve at the negotiating table come from attorneys who are dedicated to obtaining justice for families like yours. You’ll gain a good sense of their passion in an initial consultation, but before that meeting, there are two things to look at that will give you an indicator. Firstly, client testimonials. If the firm has testimonials where past clients speak to the care, dedication, and effectiveness of the attorneys, this can be a great sign that they have the drive needed to succeed. Secondly, as with many of the indicators in this article, look at their case history. Successful cases, particularly high-value cases, are the result of determination and dedication by the legal team. Exceptional or record-breaking cases only occur when every member of the legal team, from the attorneys to the paralegals, is driven to help their client – and this kind of passion only happens when the lawyers are motivated by more than money and they really care about getting justice for your family.

With these tips in mind, the journey to finding the right attorney for your birth injury case should be smoother. If you have any questions about the process of finding a birth injury attorney or what your case might look like, feel free to schedule a consultation with one of our team members. We want to make sure we are a good fit for your case and we can provide you with the support you need – so we offer all our legal consultations at no cost and with no commitment.

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