July 10, 2024

What to expect during your first call with a birth injury lawyer

This article was created in partnership with Fox45 News.

When a birth injury has affected your family, seeking legal counsel is an important step toward securing compensation and justice for your child’s suffering. The initial call with a birth injury lawyer is crucial, as it sets the stage for the potential legal journey ahead. Understanding what to expect during this first conversation and how to evaluate the interaction can help families make informed decisions about who will be representing them.

Calling a lawyer shouldn’t be intimidating or overwhelming. In fact, we encourage families to reach out to them as soon as possible after discovering a birth injury. This initial consultation is designed for the lawyers and the impacted family to get to know each other and to plan out the best path toward recovery.

Here is an overview of what this conversation might entail:

  1. Introduction and background information: A birth injury lawyer will ask for basic details about you and your child, including names, contact information, and the child’s date of birth. You’ll also provide a summary of the birth injury, including when and where it occurred, and any immediate concerns or symptoms observed.
  2. Medical history and details: The lawyer will ask about the pregnancy, labor, and delivery process, including any complications or unusual circumstances. If you have them, you may be asked to provide copies of medical records to help the lawyer build the case — if not, the legal team will be able to track the relevant records down for you. The lawyer may also prompt you about any suspicions of medical negligence or malpractice that may have contributed to the birth injury.
  3. Injury description and current condition: The lawyer will probably ask you to describe the birth injury in detail, including any diagnoses, treatments, and the current condition of the child. You will also discuss the physical, emotional, and financial consequences of the injury.
  4. Next steps and legal process: After considering all of the information, the lawyer will provide an initial assessment of the case. Reputable firms will be up front about the fee structure and whether it is contingency based, meaning fees are paid only if the case is won. Finally, you should be left with an outline of the next steps, including gathering additional documents, expert consultations, and potential timelines.

Ideally, this first call will be a great launching point for you and your family; however, you should take some time to evaluate how it went and if the law firm truly is the right fit. Here are several factors to consider:

  • Communication and clarity: The lawyer should communicate clearly and answer your questions comprehensively. They should explain legal terms and processes in an understandable manner.
  • Empathy and understanding: Pay attention to how empathetic the lawyer is. Do they identify with you? Do they demonstrate that they value your family and its best interests? Do they listen attentively and show genuine concern for your child’s well-being?
  • Experience and expertise: The lawyer should demonstrate expertise in handling birth injury cases and provide examples of similar cases they have successfully managed and litigated. They should explain their approach to building a strong case and the resources they will employ, such as medical experts and investigators.
  • Transparency and honesty: A good lawyer will be transparent about the strengths and weaknesses of your case, as well as the financial costs of hiring them to represent you.
  • Professionalism and responsiveness: Organization and punctuality are important. The lawyer should be able to clearly outline next steps and provide a timeline for follow-up actions.
  • Cost and fee structure: A reputable law firm will be up front about fees. Birth Injury cases are often too expensive for an individual to pay for, so many firms will offer their services on a no-win, no-fee basis. Chatting with your lawyer about their fee structure and expected costs can help you understand what to expect.

Beyond those factors, quality lawyers will stand out with a specialization in birth injury law and numerous positive testimonials from clients who are going through the same situation that you are.

Don’t put off that first call to a birth injury lawyer. With the right professionals in your corner, you and your family can seek the compensation and justice you deserve, ensuring your child’s needs are met for a brighter future.

Scroll to top