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Montgomery Birth Injury Lawyer

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Birth Injury Attorney Lawyer Atlanta Alabama
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$100M+ in Settlements

Including record-setting settlements.

Birth Injury Legal Support in Montgomery, Alabama

Bringing a new baby into the world is an occasion filled with joy and expectation for families throughout Alabama. Unfortunately, this excitement can sometimes be overshadowed by unexpected challenges that no family should confront alone. Birth injuries, which may occur during labor and delivery, can impact a newborn’s life significantly and affect every area of family life.

Birth Injury Lawyers Who Are Doctors, Too

At Gershon, Willoughby & Getz, we view our clients not just as cases but as families seeking to regain normalcy after facing unexpected difficulties. Our goal is to be by your side, offering counsel, support, and unmatched legal representation to ensure your voice is heard and your rights are safeguarded within the Alabama judicial system.

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birmingham birth injury lawyer

$100M+ in Settlements

Including record-setting settlements.


Here are just some of the successes* our Lawyers have achieved:


The largest jury verdict ever for medical malpractice in DC. A child who suffered brain damage and cerebral palsy due to the failure of her doctors and nurses.


Oregon jury verdict for a baby who suffered with cerebral palsy because the nurse delayed calling the doctor after a uterine rupture.


Ohio settlement for a brain damaged baby.


Settlement for a baby in Oregon born with cerebral palsy, and mental retardation due to a delay in delivery.


Recovery for a child born in Maryland who has cerebral palsy due to mismanaged labor and delivery.


Recovery in a wrongful birth action for a child with a congenital birth defect due to a misread prenatal sonogram.

baby's foot with dextrose syringe


Understanding Alabama's Birth Injury Claim Laws

When dealing with a birth injury claim in Montgomery, Alabama, it is essential to grasp the specific legal rules and statutes that regulate medical malpractice and personal injury cases in the state. Being informed about these laws is vital for families seeking justice and compensation for their injuries.

Statute of Limitations in Alabama

A critical first step in any birth injury lawsuit is understanding the statute of limitations. In Alabama, you generally have two years from the date of the injury to file a medical malpractice claim. However, exceptions exist when the injured party is a minor, potentially allowing more time to start legal proceedings. The complexity of these exceptions makes it essential to seek advice from a well-informed attorney to protect your rights effectively.

Establishing Negligence in Birth Injury Cases

To win a birth injury claim in Alabama, proof of medical negligence is necessary. This means showing that the healthcare providers did not follow the expected standard of care and that this failure was the direct cause of the injury. Typically, expert testimony from medical professionals is needed to prove these points. This shows the deep connection between legal expertise and medical insight.

Limitations on Damages

Alabama law specifies limits on the damages that can be recovered in medical malpractice lawsuits, including those for birth injuries. Knowing these limits is essential for setting realistic expectations about the compensation you might receive. A seasoned birth injury lawyer in Montgomery can guide you through these legal complexities and fight for the maximum compensation allowed under state law.

The Importance of Skilled Legal Representation

Professional legal representation is crucial, given the complexity of Alabama’s legal standards and medical malpractice laws. An experienced birth injury lawyer in Montgomery will know how to handle the statute of limitations, gather the required medical evidence, and build a strong case proving negligence. Moreover, a lawyer knowledgeable about Alabama’s laws will skillfully deal with damage caps and restrictions, ensuring your family’s claim adheres to state regulations.

For families navigating the painful experience of a birth injury, having reliable and competent legal assistance can make a significant difference in the pursuit of justice and compensation.


working with a Lawyer Who is a Doctor Too.

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Gershon, Willoughby & Getz's Approach to Birth Injury Cases in Montgomery, Alabama

Gershon, Willoughby & Getz are deeply committed to serving families affected by birth injuries with utmost proficiency, compassion, and specialized knowledge. We recognize the significant emotional and financial toll these injuries can impose on families, and we handle each case with the care and comprehensive strategy it requires.

Comprehensive Case Evaluation

Our approach starts with an in-depth evaluation of your situation. We meticulously examine medical records, engage with top medical specialists, and collect key evidence to establish a solid base for your case. Our detailed-oriented preparation ensures we grasp every aspect of your case, enabling us to represent you effectively.

Expert Medical Insight

Our firm is distinctively positioned because we integrate medical insight and legal expertise. Our team includes attorneys who are also doctors, giving us an exceptional understanding of medical complexities. This dual expertise allows us to evaluate medical evidence meticulously, work closely with leading medical experts, and present complicated medical issues clearly to the court.

Personalized Legal Strategy

We understand that every family’s needs are different. Therefore, we customize our legal approach to correspond with your specific goals, whether obtaining compensation for medical costs, securing ongoing care for your child, or seeking accountability for negligence. Our plans align with your priorities to ensure the most favorable outcomes.

Client-Centered Communication

Dealing with a birth injury claim can be daunting. Consequently, we emphasize transparent, consistent, and sensitive communication with our clients. We keep you fully engaged and informed throughout every phase of the legal journey, from our first meeting until your case is finalized. We aim to simplify the legal process and minimize stress for you and your loved ones.

Pursuing Justice and Accountability

Our ultimate goal is to achieve justice for your family and hold the responsible parties accountable. We are dedicated to pursuing comprehensive compensation that covers medical costs, rehabilitation expenses, and pain and suffering. Moreover, our broader mission includes driving systemic changes to improve patient safety and prevent future birth injuries.

At Gershon, Willoughby & Getz, we are determined to provide the highest level of legal service to families in Montgomery, Alabama, dealing with the consequences of birth injuries. We strive for compensation, justice, and future safeguards in healthcare.

new born baby's foot close up image

Compensation for Birth Injuries in Montgomery, Alabama: Protecting Your Child's Future

In Montgomery, Alabama, understanding the compensation options for birth injuries is key for families aiming to meet both the immediate and future needs of their child. The dedicated team of birth injury lawyers in Montgomery, Alabama, is committed to guiding families through the legalities to ensure they obtain compensation that truly reflects the extent of the injury and its impact on their lives.

Types of Compensation in Birth Injury Cases

When it comes to birth injury claims, compensation falls into two main categories: economic damages and non-economic damages, each targeting different impacts of the injury:

  • Economic Damages: These are measurable costs tied to the injury. They include past and future medical bills, costs for rehabilitation, specialized equipment, home modifications, and any other expenditures linked to the care and well-being of the child.
  • Non-Economic Damages:  These damages cover the less tangible effects of the injury, such as pain and suffering, diminished enjoyment of life, and emotional distress suffered by both the child and their family. There are typically no caps on economic damages in Alabama, but non-economic damages in medical malpractice cases can have limits. This makes skilled legal help crucial.

Securing Comprehensive Compensation

Our Montgomery birth injury lawyers are focused on obtaining comprehensive compensation that eases immediate financial strains and guarantees sustained support and care. This involves:

  • Thorough Assessment of Future Needs: Our team collaborates with medical specialists, life care planners, and economists to estimate your child’s long-term needs. We ensure that the compensation covers perpetual medical care, therapies, educational necessities, and any required accommodations throughout their life.
  • Advocating for Maximum Recovery: Using our expertise in both medical and legal fields, we strongly advocate for the maximum possible compensation. This includes negotiating with insurance firms and, if necessary, presenting solid arguments in court.
  • Navigating Legal Limitations: With a profound understanding of the legal environment in Alabama, we adeptly maneuver through any restrictions on damages. This ensures we explore every possible route to secure rightful compensation for your child.

The Role of Settlements and Verdicts

While many birth injury cases conclude with settlements, our Montgomery lawyers are prepared to take your case to trial to secure a just outcome. Whether through negotiating settlements or advocating in the courtroom, our priority is to achieve the best result for your child and your family.

Through each step, our team in Montgomery, Alabama, remains dedicated to ensuring that families affected by birth injuries receive the justice and support they deserve for a secure future.

nurse holding baby's head

Choosing the Ideal Birth Injury Lawyer in Montgomery, Alabama: A Family's Guide

The legal journey following a birth injury is both complex and deeply emotional. Having the right legal representation is critical to successfully navigating this path. In Montgomery, Alabama, where legal and medical fields are varied, selecting the right attorney can dramatically affect your case’s outcome and your child’s future.

Key Traits to Look for in a Birth Injury Lawyer

When looking for a birth injury lawyer in Montgomery, ensure they demonstrate the following essential qualities:

  • Medical-Legal Expertise: Birth injury cases require a deep understanding of medical issues and legal knowledge. An attorney with expertise in both areas can be a significant advantage.
  • Experience in Birth Injury Cases: A lawyer’s experience handling birth injury cases, especially within Montgomery, provides valuable insights into their capability to manage the unique challenges these cases present.
  • Compassionate and Client-Focused: It’s important that your lawyer recognizes they are not just handling a legal case but are supporting a family during a difficult period. Showing compassion, empathy, and personalized attention is vital.
  • Proven Success Record: A lawyer’s history of securing favorable outcomes in birth injury cases through verdicts and settlements demonstrates their dedication and ability to represent their clients effectively.

Questions to Consider When Choosing a Lawyer

To ensure you pick the most suitable legal partner for your birth injury case in Montgomery, you should ask potential lawyers questions like:

  • Can you detail your experience with birth injury cases similar to ours?
  • What approach do you take concerning the medical aspects of these cases, and do you have medical professionals available?
  • What strategies do you employ for birth injury cases in Montgomery, and how do you tailor your methods to meet each family’s specific needs?
  • Could you provide examples of your successes in representing families in birth injury cases?
  • How do you maintain open and empathetic communication with your clients throughout the legal process?

The Gershon, Willoughby & Getz Edge

Opting for Gershon, Willoughby & Getz means choosing a team renowned not just for its extensive legal and medical knowledge but also for its commitment to the well-being of families in Montgomery, Alabama. Our unique team of doctor-lawyers offers an unparalleled understanding of the medical complexities involved, and our empathetic, client-focused approach ensures that your family’s needs and goals are prioritized. Our firm’s track record in Montgomery and beyond underscores our commitment to achieving the best possible results for the families we represent.


top Birth Injury Attorneys

Dr. Zev Gershon, Esq.

Dr. Zev Gershon, Esq.


Wayne Willoughby, Esq.

Wayne Willoughby, Esq.

Of Counsel

Dr. Randy Getz, Esq.

Dr. Randy Getz, Esq.


Questions to Hunstville Birth Injury Lawyers

What does a birth injury mean in legal terms?

Legally, a birth injury is a harm that occurs to a baby during the childbirth process because of medical mistakes or negligence. This harm can be physical, like broken bones or nerve injuries. It can also include medical issues such as cerebral palsy that arise from problems during labor and delivery.

How can I tell if my baby’s birth injury was caused by medical malpractice?

To figure out if a birth injury was due to medical malpractice, you must show that the healthcare provider didn’t meet the required standard of care and that this directly led to the injury. Indicators might be emergency actions during childbirth, extreme distress in the baby, or any condition tied to lack of oxygen or injury during the delivery.

What type of compensation is possible in a birth injury lawsuit?

In birth injury lawsuits, compensation can help cover past and future medical bills, costs for rehabilitation, special education if needed, and pain and suffering. Sometimes, it can also include punitive damages. The total amount largely depends on the injury’s severity and how it affects the child’s life.

How do I begin a birth injury claim?

The process starts by setting up a consultation with a lawyer who specializes in birth injury cases. During this meeting, the lawyer will go through the specifics of your situation, advise on the possibility of proving malpractice, and explain the next steps. It’s helpful to bring any medical records related to the birth to this consultation.

What qualities should I look for in a birth injury lawyer?

Choose a lawyer with specific experience in handling birth injury claims, preferably someone with a history of winning such cases. They should also have the capability to manage medically complex cases. A competent birth injury lawyer is knowledgeable and supportive, evident in their communication, and willing to make sure you understand the legal procedures involved.

What is the statute of limitations for filing a birth injury claim in Alabama?

In Alabama, the statute of limitations for medical malpractice cases, including birth injuries, generally requires that a lawsuit be filed within two years of the date of the injury. However, exceptions exist, especially for minors, potentially extending this period. It’s crucial to consult with a birth injury lawyer to understand how these timelines apply to your specific case.

How can I tell if my child's injury was due to medical negligence?

Determining medical negligence involves a thorough review of medical records, consultations with medical experts, and a deep understanding of the standard of care expected in similar situations. Our team of doctor-lawyers is uniquely equipped to assess the medical aspects of your case and identify any deviations from accepted medical practices that could constitute negligence.

What types of compensation can we seek in a birth injury lawsuit?

Compensation can cover a range of needs, including past and future medical expenses, rehabilitation and therapy costs, special education services, pain and suffering, and in some cases, punitive damages aimed at punishing egregious negligence. Our goal is to secure comprehensive compensation that addresses all aspects of your child’s and family’s needs.

Will we need to go to court, or can our case be settled out of court?

Many birth injury cases are resolved through settlements before reaching trial, which can be less stressful and time-consuming for families. However, if a fair settlement cannot be reached, our team is prepared to advocate vigorously for your rights in court. We always aim to choose the path that serves your family’s best interests and leads to the most favorable outcome.

How does the contingency fee structure work?

Our firm operates on a contingency fee basis, meaning our fees are contingent upon the successful resolution of your case. You will not be charged upfront fees; instead, our compensation is a percentage of the settlement or verdict amount. This arrangement allows families to pursue justice without financial barriers.

Understanding Birth Injuries in Montgomery, Alabama: Types and Impacts.

When a family in Alabama is expecting a new baby, the joy is palpable, stretching from Montgomery to Mobile. Yet, sometimes, the arrival of a baby can bring unexpected challenges, such as birth injuries. These injuries can range significantly in severity and can profoundly affect the family. Recognizing what a birth injury is and its consequences is the foundation for finding healing and securing justice.

What is a Birth Injury?

A birth injury is a harm that a baby suffers during the labor and delivery process. These harms can vary from mild conditions that resolve quickly to severe ones that may cause permanent disabilities. The emotional and financial burdens can be overwhelming for families, making knowledge and the proper support invaluable.

Common Types of Birth Injuries Across Montgomery

Families should be educated about the common types of birth injuries, as recognizing them early can make a significant difference:

  • Cerebral Palsy: This is a neurological disorder affecting movement and muscle tone. It often stems from a lack of oxygen to the baby’s brain during birth.
  • Brachial Plexus Injuries: These injuries involve the network of nerves that connect the spine to the shoulder, arm, and hand. They can occur when there’s trouble delivering the baby’s shoulder, known as shoulder dystocia.
  • Erb’s Palsy: This is a specific kind of brachial plexus injury that can cause weakness or paralysis in one arm.
  • Hypoxic-Ischemic Encephalopathy (HIE): This is a condition where the baby’s brain doesn’t receive enough blood and oxygen. It can cause brain dysfunction.

The Impact of Birth Injuries

The consequences of birth injuries are not just physical. They can bring severe emotional stress and financial strain due to ongoing medical expenses. In addition, families may need to seek out long-term care or special education services. The road after a birth injury is tough, but understanding these issues is vital for fighting for the child’s rights and well-being.

Birth Injury Lawyer in Montgomery, Alabama can be a critical step. A specialized lawyer can guide potential compensation to assist with medical costs and ongoing care. This support is essential for managing the extensive implications of birth injuries and ensuring that families receive the justice they deserve.

In-depth Understanding of Common Birth Injuries

Cerebral Palsy

Cerebral Palsy is often a result of damage to the brain before or during birth. It affects the child’s ability to move and maintain balance and posture. A child with Cerebral Palsy might need lifelong care. This condition underscores why families pursue compensation to manage medical needs and enhance the child’s quality of life.

Erb’s Palsy

Erb’s Palsy arises explicitly from damage to the brachial plexus nerves during childbirth. It can lead to weakness or paralysis in the arm, affecting the child’s ability to perform daily activities. Receiving compensation can aid in treatment, including surgery or physical therapy.

Hypoxic Ischemic Encephalopathy (HIE)

Hypoxic Ischemic Encephalopathy occurs when the baby’s brain does not receive enough oxygen during birth. It can result in severe neurological impacts and developmental delays. Parents facing a diagnosis of HIE for their child should understand the importance of financial compensation for ongoing medical care.

Neonatal Stroke

Neonatal stroke involves a disruption in the blood supply to an infant’s brain, which can occur right before or during birth. This might lead to developmental delays and neurological issues. Compensation is often sought to cover long-term therapies and medical expenses that ensure the best possible outcome for the child.

new born baby with cerebral palsy


When dealing with the painful and complex issues of a birth injury, having access to experienced and empathetic legal counsel is priceless. In Alabama, a state with a legal environment as varied as its population, it is essential to have someone on your side who understands both the medical details and legal complexities of birth injury cases.

Navigating Legal and Medical Challenges

Birth injury lawsuits are emotionally draining and filled with complicated medical and legal questions. Knowing what standard of medical care is expected during childbirth, spotting when this standard is not met, and connecting that failure to the injury demands a deep grasp of medical concepts and Alabama’s legal rules. Specialized legal counsel can handle these challenges by turning medical facts into solid legal arguments.

The Benefit of Medical and Legal Expertise

At Gershon, Willoughby & Getz, our team stands out due to our combined medical and legal knowledge. With lawyers who are also trained doctors, we bring an exceptional understanding of the medical issues in birth injuries. This combination allows us to analyze medical records, work with top medical specialists, and effectively address complex medical issues in court. Our clients benefit significantly from this dual expertise.

Fighting for Comprehensive Compensation

The effects of a birth injury can affect every part of a child’s and their family’s life. Specialized legal counsel guarantees that every impact is considered when seeking damages. This includes costs for current and future medical care, rehabilitation, special education, pain and suffering, and sometimes even punitive damages. A seasoned lawyer will work to secure a total compensation package that meets both the immediate and future needs of the child and their family.

Tailoring Your Legal Approach

Every birth injury case has unique circumstances, challenges, and consequences. Using a generic approach is not practical. Specialized legal counsel means crafting a custom legal strategy that considers the specific aspects of the case, the needs of the child and family, and the particulars of Alabama law. This specialized approach ensures that legal actions reflect the family’s goals and focus on the child’s best interests.

Understanding the vital role of a birth injury lawyer in Montgomery, Alabama, can guide families through the daunting aftermath of a birth injury with competence and compassion. When selecting legal representation, consider their expertise in medical and Alabama legal matters to ensure the best possible outcome for your case.

If you've experienced a birth injury, Gershon, Willoughby & Getz is the team partner you want on your side.

Get a free consultation to explore your legal options and take the first step towards securing the compensation you deserve.