The only birth injury cases a personal injury lawyer will likely accept are those that have a strong likelihood of success, and all successful birth injury cases must have four elements. One of those elements is damages. (The other three are liability, causation, and insurance coverage.) When it comes to evaluating damages, I ask myself certain questions. Here, let’s look at the main question.
The main question asks whether the plaintiff (usually the child) has suffered a very serious injury. (As a result of the negligence of a doctor or nurse or other healthcare provider, a child, his or her mother, or both of them, may suffer a very serious injury.)
Look: most personal injury law firms will decline far, far more cases than they will accept. They will accept only a small number of cases.
Think about it like this: ultimately, birth injury cases require so much time that a personal injury lawyer cannot reasonably work on many of them at a time, if he plans to investigate and develop them fully and he plans to try them in court. Without serious injuries, the financial recovery, if any, will be so minimal that it will barely cover expenses and not justify the time the client and the lawyer will have to spend on the litigation.
If there is no serious injury, most personal injury lawyers will reject the case.
While it is hard to explain to a person who has been injured due to the negligence of medical personnel that the negligent parties may not have to pay a dime in compensation, it is much easier to do that before accepting the case than after a year of litigation.
It is unfortunate how many children and mothers are injured at birth due to negligent medical care. If you or your child suffered a serious birth injury due to negligent medical care, you may have questions about legal options. If you have not yet started a lawsuit and are contemplating bringing one, I encourage you to contact me today. I can answer your legal questions and would love to talk with you. You can reach me at 410-513-9978 or by email at email@example.com.