What To Expect During A Birth Injury Lawsuit

If you think medical malpractice may have played a role in your child’s birth injury, you can seek compensation through a lawsuit. However, a legal case can be time-consuming and complicated.

Atlanta Birth Injury Attorneys can help you gather the evidence to prove your claim, file the lawsuit, conduct pre-trial discovery, negotiate a settlement or take the case to trial.

birth injury

Gathering Evidence

In many cases, your attorney will need to collect a great deal of evidence. This includes medical records from the mother’s pregnancy, childbirth and treatment afterwards, test results such as X-rays and MRI scans, statements and testimony from eyewitnesses, and other relevant information. The legal team will work to ensure this information is properly documented and organized in a manner that will be easily understood by a jury. In addition, the attorneys will often work with medical experts who can explain to the jury how the professional standard of care applies in a given situation and help them determine whether the defendant’s conduct deviated from that standard.

When enough proof is gathered, your legal team will file the claim with the appropriate court. You will become the plaintiff and the doctors and other health care providers you are suing will become defendants. The filing will also include a certificate of merit, which certifies that an expert in the medical specialty involved in the case has reviewed your claim and has offered an opinion that there is a reasonable probability that your child’s injuries were caused by the provider’s negligence.

Proving negligence requires demonstrating that your doctor owed you and your baby a duty of care, breached that duty, and that the breach directly caused the injury. This is known as “causation.” Proving causation can be complex and might require the testimony of experts in your case, as well as statements and testimony from eyewitnesses.

Once your attorney has filed the lawsuit, the legal process begins through a process of pre-trial discovery. This involves requesting documents and other information from the defendants and their attorneys. It may take from 6 months to over a year for this phase to conclude.

During this time, your lawyer may begin settlement negotiations with the defendants. The goal of these negotiations is to secure a lump sum of money that will pay for all damages. Approximately 95% of birth injury lawsuits settle before going to trial. Those that do go to trial are heard by a judge or jury who will determine if the defendants were responsible for your child’s injury and award you compensation.

Filing The Lawsuit

If your attorney determines that you have a viable lawsuit against the doctor or hospital responsible for your child’s birth injury, they will begin building the case. This includes examining medical records, conducting interviews with witnesses and more. Building your case will help your legal team prove that your child’s injuries were caused by a healthcare professional’s negligence during prenatal care, delivery or shortly after.

Once your lawyer has gathered sufficient evidence, they will file the lawsuit in court. This will make you the plaintiff and the doctors and hospitals you are suing the defendants. Once the lawsuit is filed, a notice will be sent to the defendants that gives them a set amount of time to respond.

During this discovery process, your lawyer may depose any witnesses you have named in the suit or medical experts hired to help build your case. This involves questioning them under oath about their interactions with you and your child. This can be a stressful and difficult step, but your lawyer will prepare you for this ahead of time.

After all the information has been gathered, your legal team will request money from the defendants to compensate you and your child for the injuries. This can be a lengthy process, as your legal team will fight for the highest possible payout to cover all future expenses related to your child’s birth injury.

In most cases, medical malpractice lawsuits settle before reaching trial. This is particularly true when the medical malpractice is due to a birth injury. Medical malpractice cases that go to trial tend to generate large verdicts, and doctors and hospitals are often reluctant to risk a high payout from a jury.

A settlement can also be less invasive and easier on the family than going to trial. Trials can be emotionally draining, stressful and expensive. In addition, a jury’s decision can have a major impact on your child’s quality of life, as it could change the way they live forever. It’s important to have your best advocate by your side throughout this entire process.

Negotiating A Settlement

After building a case, your attorney will file the lawsuit with the court in the county where the incident occurred. The parents become the plaintiffs while the doctors, hospitals and other medical professionals become the defendants. The lawsuit will have a case number and schedule assigned to it. During this time, both sides will engage in discovery. This involves exchanging information and deposing witnesses who will be asked to provide statements under oath. Your legal team will use discovery to find more evidence to support your claims of medical malpractice.

Once your legal team has enough proof that medical professionals failed to uphold a high standard of care, they will begin settlement negotiations with the defendants. Your attorney will fight to get a fair and substantial settlement for your family. Your legal team will take into account your economic damages — such as medical bills and lost wages — as well as your non-economic damages, such as emotional trauma and loss of enjoyment of life. In addition, your attorney may request punitive damages, which are intended to punish defendants for extreme negligence or reckless behavior.

During this process, your attorneys will work with expert witnesses to analyze your child’s injury and determine how the actions or inactions of the medical professionals contributed to the injury. This analysis is vital to proving your case and determining how much the defendants should pay in damages.

A trial can be risky and stressful for everyone involved, which is why many cases settle out of court. This allows both parties to avoid a long, drawn-out trial and a possible negative verdict from the jury or judge.

It is important to hire a birth injury attorney who has extensive experience in this area of law and in negotiating with insurance companies. Lawyers who have a background in medical malpractice are more familiar with the types of damages you will be entitled to receive for your injuries and are better positioned to prevent insurers from offering lowball offers that don’t take your child’s lifetime costs into account. The experienced birth injury lawyers can help you pursue the compensation you deserve for your child’s lifelong injuries and complications.

Going To Trial

When it comes to medical malpractice lawsuits, it is important to work with an attorney who is experienced in this type of law. Your attorney will evaluate your case for a potential claim and help you gather the necessary evidence to support your claims of medical malpractice. This will include reviewing your medical records, hiring expert witness to examine the evidence, and collecting firsthand accounts from you about what happened during your child’s birth.

The legal team will then build a case and work toward financial compensation. This will typically involve proving that your child suffered an injury due to medical negligence and that this injury caused significant, life-long harm to your child.

Once your lawyer has gathered all of the initial evidence, they will file a medical malpractice lawsuit with your local court. You will become the plaintiff in the case, and the doctors, hospitals and other medical professionals who are at fault will become defendants.

Depending on the state, some cases may require mediation or arbitration before going to trial. During this process, the attorneys will try to reach an out-of-court settlement. If a settlement is not reached, the case will proceed to trial.

The trial will usually last for several days. During this time, the jury will hear testimony from expert witnesses that are called by both sides. The experts will provide their opinions on what caused the child’s injuries and if the doctor acted reasonably under the circumstances. The jury will then decide if the doctor acted reasonably and whether or not their care was negligent.

There is no guaranteed time frame for how long it will take to go through the entire trial process. However, your attorney will move as quickly through the process as possible to ensure that you receive vital compensation for your child’s injuries. If you are interested in filing a birth injury lawsuit, contact the lawyers today for a free consultation. They charge no fees upfront and only get paid when they win your case. They are committed to helping you and your family obtain fair compensation for the long-term care your child needs due to a preventable birth injury.


What Does a Lawyer Do?

Lawyer is a profession that offers prestige and opportunity to help people, but also high levels of stress and competition. Those considering becoming a lawyer should carefully weigh the pros and cons of different specializations.

Lawyers are licensed by their bar association to practice law in a given jurisdiction. They typically use the suffix “J.D.” or “Esq.” to indicate their legal credentials. For more information, click the Kevin A. Adamson, P.C. to proceed.

Legal Advice

Legal advice is any oral or written counsel concerning a specific case that affects the rights and responsibilities of the individual receiving it. It requires a thorough analysis of the facts and knowledge of the law. It is considered the practice of law and is only allowed to be given by licensed attorneys.

There are many sources of legal information, including printed media and the internet. However, it is important to distinguish between legal information and legal advice. Legal information refers to general laws and can be found anywhere, while legal advice is counsel that is targeted to individual cases. Only attorneys can provide legal advice, and if they do not have a license, they may face penalties.

During an initial consultation, it is a good idea to ask the attorney questions about the case. This serves several purposes, including allowing the attorney to explain complex legal topics and gauging their level of experience. It also allows the individual to better understand their case and what to expect moving forward.

The lawyer will often be frank if they cannot help the client with their case. This is especially true when they are unable to help with an issue that can be resolved by writing a letter or filing a document with a government agency. However, the lawyer should be able to recommend other options for the client that are affordable.

Many attorneys offer free or low-cost legal advice to individuals in need of assistance. These organizations typically have eligibility standards based on income, and they usually offer free in-person meetings, phone calls, or video conference consultations. They may also have resources available online for individuals to use, including guides and forms to help them prepare their own documents.

Legal advice is valuable and can be very helpful. It can be obtained from a variety of sources, including law firms and social media sites. It is essential to differentiate between legal information and legal advice, as the former does not establish an attorney-client relationship and is not privileged. The latter, on the other hand, is confidential and must be kept private.

Negotiating Settlements

Negotiating settlements is the most common task a lawyer will undertake, and it is one of the most time-consuming aspects of legal practice. A successful outcome to a case often depends on how effectively and strategically a lawyer negotiates the case with opposing counsel or with insurance company representatives. Lawyers must also be aware of and respect their clients’ desires during negotiations. While it is the attorney’s job to guide the client as to where a reasonable bargaining limit should be set, the final decision must be made by the client to accept or reject a settlement.

In some cases, the lawyer may choose to have the case settled through mediation. This is typically a non-binding process during which the parties meet in the same building and an experienced mediator assists them in reaching a resolution on the case. It is generally accepted that a case can be settled through mediation much more quickly than it could be settled in court.

It is important for a lawyer to be familiar with the rules of ethics regarding his or her negotiation practices. The ABA Model Code of Professional Conduct states that it is unethical for lawyers to reveal confidential information obtained from another party without that party’s consent. It is also unethical to use deception in order to gain an advantage during a negotiation. This can include telling a lie during a deposition, disclosing that a witness has a criminal record, or claiming that a client is not in good health in order to obtain an advantageous medical report.

While negotiating a settlement, it is helpful for a lawyer to discuss the matter with other attorneys in the firm. This provides a fresh perspective on the case and helps to ensure that the client’s interests are being well represented. Attorneys who do not have sufficient experience with a particular type of case should try to find an attorney to work on the case with them or be prepared to spend extra time learning about it.

During a settlement, it is important for the lawyer to be aware of all potential tax consequences for the client. Depending on the nature of the claim, there are some damages that are taxable and others that are not. For example, compensatory damages related to physical injuries and illness are non-taxable, while emotional distress and punitive damages are taxable.

Representing Clients in Court

When a lawyer represents his client in court, he acts as an advocate, trying to zealously advance his client’s position according to the rules of adversarial procedure. He also acts as a negotiator, seeking a result advantageous to his client without violating the ethical obligations imposed upon him. A lawyer is also an evaluator, examining the facts of a case to determine how they are best presented in court.

A lawyer must act with professionalism and courtesy towards everyone he encounters. He must respect members of the legal profession, judges and other lawyers, as well as government officials and other citizens. He must also uphold the integrity of the legal system, defending it when necessary from illegitimate attacks. Lawyers must also be aware of their own responsibilities to the public, and should not use their legal positions to obtain illegal benefits or improperly influence others.

While a lawyer must keep private almost all information relating to his representation of a client, he may disclose a limited amount of information if it is in the public interest. For example, if a client is a suspect in a criminal investigation, the lawyer may disclose certain information to the authorities.

If a lawyer knows that his client intends to introduce false evidence in a court proceeding, the lawyer must attempt to persuade the client that the evidence is not admissible. If he fails, the lawyer must refuse to offer the evidence.

A lawyer may not reveal confidential communications between himself and his client unless authorized by the client after consultation. This includes letters, telephone calls, faxes and electronic mail. A lawyer is required to inform his clients of his policies governing the confidentiality of information received from them, and to notify them promptly of any change in his policy.

A lawyer must explain before or within a reasonable time after commencing representation how his fees will be computed and the manner and frequency of billing. A client is entitled to receive a written itemized bill at regular intervals for services rendered. If he fails to do so, the client is entitled to discharge him and find another lawyer.


A lawyer’s fees are based on the difficulty of a legal task, the attorney’s level of skill in the practice area, and the amount of time required. In addition, the attorney must pay overhead costs such as rent, equipment, salaries, photocopying charges and costs associated with maintaining professional levels of education and skill. Typically, overhead makes up 35 to 50 percent of the total fee charged.

Some lawyers charge hourly rates for their work, which can range from a few dollars per hour for routine matters like filing a bankruptcy petition or preparing a simple will to several thousand dollars per hour for highly specialized and complex legal tasks. An attorney may also bill in 1/10th of an hour increments and typically sends a monthly billing statement to the client.

Many lawyers also expect the client to reimburse them for hard costs associated with a case, such as court filing fees or copying charges. These fees are usually set out in the client’s fee agreement. A few lawyers are beginning to offer flat rate fees for certain services.

For more expensive matters, such as a lawsuit or a probate matter, a client and lawyer might enter into a contingency fee agreement. A contingency fee is a percentage of the award or settlement in the case and is appropriate only for cases that are winnable.

When disputes over fees arise, how the dispute is resolved depends on the terms of the fee agreement and state law. In most states, an attorney and client can agree to resolve a dispute through informal discussions or through a special arbitration program that helps avoid costly litigation.

If a client is unable to afford an attorney’s fees, there are a few ways they can obtain the funds they need. One option is to seek financial assistance from a credit union or other lender that offers personal loans. A personal loan from this type of source can be obtained quickly and can be used to cover legal fees, or other expenses, without negatively impacting a person’s credit score.


Why You Should Hire a Car Accident Attorney

Car accidents can result in serious injuries and a wide array of expenses, including medical bills, lost income from missing work, property damage, and pain and suffering. Some injuries may require months or years of treatment.

Insurance companies may attempt to take advantage of your stress following a crash by trying to devalue your injuries and minimize your compensation. An experienced attorney can handle communications with the insurance company and its representatives on your behalf. Contact Baltimore Car Accident Attorney now!

A qualified car accident attorney will put your best interests first and fight to ensure you receive the compensation you deserve. They will be your advocate and guide you through every step of the process. They will be responsible for negotiating with insurance companies, filing the required paperwork in accordance with the statute of limitations, and presenting your case to a jury if necessary.

When selecting an attorney, it is essential to evaluate their track record, fees and resources. It is also important to read client reviews and testimonials to determine whether they are a good fit for your needs. Lastly, it is important to schedule a free consultation to assess the attorney’s communication abilities and ask questions.

Car accident attorneys have extensive experience with car accident claims, including evaluating past and current losses to calculate damages. In addition, they are skilled negotiators and know how to counter unsatisfactory offers from insurance providers.

They will also determine the available insurance policies and policy limits to leverage maximum coverage for their clients. They will review medical records to establish a link between the car accident and the client’s injuries, while considering comparative fault laws and how they might impact potential compensation.

Lastly, they will take into account any ongoing or future expenses to calculate total damages, such as future medical bills, rehabilitation costs, lost income, property damage and out-of-pocket expenses. They will also assist their clients in gathering evidence for their cases, such as accident reports, witness testimony and photographs of the crash scene.

While the majority of car accident cases settle out of court, the experienced car accident lawyer will be ready to take your case to trial if necessary to ensure you receive fair compensation. They will present the evidence they’ve gathered to a jury and make a convincing argument that you deserve ample compensation for your injuries, damages and losses. This will help you avoid the high cost of litigation and have a better chance of receiving the maximum possible settlement. They will also handle the day-to-day aspects of your claim, so you can focus on healing and getting back to normal life.

Purchasing insurance is one of the most important things you can do for yourself and your family. It is often a matter of life or death when accidents and disasters happen. However, many people are unsure of what to do next when they need to file an insurance claim for a covered loss. While navigating the claims process can be confusing, an experienced car accident attorney can provide guidance and support.

Depending on the type of coverage you have, your policy may cover medical bills, lost wages due to a car accident, damage to your vehicle, and other losses. An insurance company’s primary goal is to protect its bottom line, so it will challenge your claims and minimize your injuries.

A seasoned New York car accident lawyer can safeguard your legal rights and pursue the financial compensation you deserve. Our attorneys are well aware of the tactics insurance companies use to low-ball victims and can effectively fight back against them.

It is important to notify your insurer promptly, preferably within a day or two of the crash. You also need to be aware of the statute of limitations, which is the time limit for filing a claim. If you do not meet these deadlines, the insurance company could deny your claim or limit the amount it will pay.

Following your doctor’s orders regarding medical treatment is another crucial step in a successful claim. Doing so will help support your injury claim and demonstrate that the crash caused your injuries. Insurance adjusters will note gaps in treatment and try to argue that your injuries are not serious or permanent.

After evaluating your case, the insurance company will assign an adjuster to investigate the claim. Depending on your policy, this person will schedule inspections of your vehicle and the scene of the accident, hire experts, and analyze police reports. An adjuster will also evaluate your insurance policy to determine if the crash falls under any coverages you have chosen.

If you have optional coverage Part 10 (Substitute Transportation) available through your car insurance policy, you can open a claim for a rental car. You will need to check your policy for the daily limits and specific deductible that applies.

A car accident lawyer can help you navigate the statute of limitations in your state. This law sets the deadline for how long you have to sue a negligent driver for your injuries and damages. If you miss this deadline, the judge will throw out your case to save court time and resources. Your lawyer can also advise you if there is a statute of limitations exception that might apply in your case.

Car accident victims often experience a lot of stress following a crash, including dealing with medical bills and insurance companies. It can be easy to miss crucial legal deadlines, and a missed statute of limitations could mean losing the right to recover compensation for your injuries. If you are not sure how long the statute of limitations is for your case, it’s important to contact a car accident attorney ASAP.

Depending on your state’s statute of limitations laws, you may have up to three years to file a car accident lawsuit. However, these deadlines can vary by state and type of claim. For example, if someone was killed in the crash, you may have up to two years to file a wrongful death lawsuit.

The clock starts ticking on the statute of limitations the moment you become aware that you have been harmed. However, sometimes the harm caused by a car accident does not become apparent immediately. This is why there are rules known as “discovery of harm” that allow the injured party to pause the clock for a specific period of time, such as until they receive appropriate medical care.

In other cases, the statute of limitations is tolled (paused) for minors until they turn 18. Likewise, it can be tolled for car accidents that involve a government entity or employee due to certain circumstances. Depending on the facts of your case, these exceptions can add significant time to your statute of limitations.

In addition, the cost of ongoing medical care after a car accident is a compensable damage. Your New York car accident attorney can help you keep careful track of your expenses and make sure to include them in your damages calculation.

Many car accident victims must make claims against uninsured or underinsured motorists. In these cases, the car accident attorney will help you obtain compensation from your own insurance company for the portion of your losses not covered by the at-fault party’s insurance. They will also protect you from attempts by insurers to minimize your injuries and the impact of your crash, or to reduce the amount of compensation that you are owed.

For example, suppose the at-fault driver has state minimum liability coverage of $20,000 and your medical bills are much higher. In that case, you will likely need to file an underinsured motorist claim with your own insurance company to receive adequate compensation for your injuries. An experienced car accident lawyer will know the appropriate insurance claims forms to complete, as well as how to properly calculate your damages and take into account other financial and non-financial losses, such as loss of consortium.

Even a well-informed victim can be caught off guard by the tactics used by insurance companies to low-ball or deny car accident claims. Insurance adjusters are trained to minimize the impact of your accident and injury, and will try to get you to admit fault, or diminish the severity of your injuries in order to cut your potential settlement amount.

Your lawyer will stand up to these tactics and ensure that you are compensated for all of your losses – not just what the insurer is willing to pay. In addition, your lawyer will ensure that you are not underpaid for the physical and emotional trauma caused by your crash. They will also be able to determine the full extent of your property damage and ensure that you are paid for any losses related to your vehicle.

Your lawyer can also assist you in pursuing compensation against manufacturers and suppliers of defective auto parts, which contribute to thousands of crashes each year. Many of these crashes are the result of defective tires, wheels, brakes and other equipment that fails due to design or manufacturing defects. An experienced car accident attorney can identify the responsible parties and bring a claim against them for negligence.