The birth of a child is a momentous occasion, a time filled with hope and anticipation. However, when complications arise during pregnancy, labor, or delivery, and a baby suffers a birth injury, this joy can be overshadowed by immense stress and uncertainty. Parents facing this situation are often left with a myriad of questions, one of the most pressing being: should they pursue a birth injury settlement or go to trial?
This article dives into the intricacies of birth injury settlements and trials, helping you understand the process and navigate this difficult decision with the guidance of a qualified birth injury attorney Atlanta.
Understanding Birth Injuries
Birth injuries can occur due to various factors, including:
- Oxygen Deprivation: This can happen during labor and delivery, leading to brain damage and other neurological issues like cerebral palsy.
- Forceps or Vacuum Extraction: Improper use of these instruments during delivery can cause injuries to the baby’s head, neck, or spine.
- Medication Errors: Mistakes in administering medication to the mother or baby during pregnancy or delivery can lead to serious birth defects.
- Infections: Untreated infections in the mother can be transmitted to the baby and cause birth complications.
The severity of a birth injury can range from mild to catastrophic, with lifelong consequences for the child. These consequences may include:
- Cerebral palsy
- Erb’s palsy
- Brachial plexus injuries
- Intellectual disabilities
- Learning difficulties
- Vision or hearing impairment
- Spina bifida
The physical, emotional, and financial burden of caring for a child with a birth injury can be overwhelming. Pursuing legal action can help compensate for the medical expenses, lost wages, therapy costs, special needs equipment, and other damages associated with the injury. Read Birth Injuries in Georgia With Birth Injury Attorney Atlanta to learn more.
Birth Injury Settlements Vs. Trials: Weighing Your Options
Deciding between a settlement and a trial is a crucial step in the legal process. Here’s a breakdown of both options:
Birth Injury Settlements
- Process: Negotiations take place between your birth injury attorney Atlanta and the insurance company representing the healthcare provider(s) implicated in the birth injury.
- Timeline: Settlements can be reached in a matter of months, offering a quicker resolution compared to trials.
- Benefits: Settlements provide a guaranteed outcome, eliminating the uncertainty of a trial verdict. They also save time and emotional strain associated with lengthy court proceedings.
- Drawbacks: The settlement amount may be less than what could be awarded through a trial victory. Open communication and a strong case built by your birth injury attorney Atlanta are vital to secure a fair settlement.
Birth Injury Trials
- Process: If negotiations fail to reach a satisfactory settlement, your birth injury attorney Atlanta will file a lawsuit and present your case before a judge and jury. Expert witnesses may be called to testify about the standard of care in birth deliveries and the cause of the injury.
- Timeline: Trials can take months or even years to complete, depending on the complexity of the case.
- Benefits: If successful, trials have the potential to result in higher compensation compared to settlements.
- Drawbacks: Trials are lengthy, demanding, and emotionally draining. There’s a risk of losing the case and receiving no compensation. Court costs can also be significant.
Making The Right Choice
The decision to pursue a settlement or go to trial hinges on several factors. Your birth injury attorney Atlanta will guide you through this process, considering aspects like:
- Severity of the birth injury: More severe injuries with extensive medical needs often warrant pursuing a higher compensation that a trial might offer.
- Strength of the case: A well-documented case with clear evidence of medical negligence strengthens the negotiating position for a settlement or increases the chances of a favorable verdict at trial.
- Insurance coverage limits: The insurance coverage limits of the healthcare provider may limit the potential settlement amount.
- Client’s goals and risk tolerance: Some clients prioritize a quicker resolution and certainty, while others are willing to endure a lengthy trial for the chance of a higher compensation.
It’s crucial to have transparent and open communication with your birth injury attorney Atlanta. Discuss your concerns, priorities, and expectations for the legal process. Your attorney will consider your unique situation and recommend the course of action that best aligns with your goals.
The Importance Of A Birth Injury Attorney Atlanta
Navigating a birth injury case requires legal expertise and experience. A qualified birth injury attorney Atlanta will:
- Investigate the case: They will thoroughly examine medical records, gather evidence, and consult with medical experts to establish the cause of the birth injury and identify the responsible party.
- Negotiate settlements: Your attorney will aggressively negotiate with insurance companies to secure the maximum possible compensation that reflects the full impact of the injury on your child’s life.
- Represent you in court: If a fair settlement is not reached, your birth injury attorney Atlanta will advocate for you in court, presenting a compelling case before the judge and jury.
- Handle all legal matters: They will handle complex legal paperwork, communications with opposing counsel, and ensure adherence to all procedural deadlines.
- Provide emotional support: Understanding the immense stress associated with a birth injury, your attorney will offer guidance and support throughout the legal process.
Finding The Right Birth Injury Attorney Atlanta
When seeking a birth injury attorney Atlanta, consider the following factors:
- Experience: Look for an attorney with a proven track record of success in handling birth injury cases.
- Qualifications: Ensure they are licensed to practice law in Georgia and have a strong understanding of medical malpractice laws.
- Resources: Choose an attorney with access to medical experts and other resources necessary to build a strong case.
- Communication style: Find an attorney who communicates clearly, explains the legal process in a way you understand, and addresses your concerns promptly.
- Fees: Most birth injury attorneys work on a contingency basis, meaning you won’t pay any fees upfront unless they secure a settlement or win your case at trial. Their fees are typically a percentage of the recovered compensation.
Taking Action With Ask The Law Doc – Gershon Willoughby & Getz
At Ask The Law Doc – Gershon Willoughby & Getz our dedicated team of birth injury attorneys Atlanta understands the profound impact a birth injury can have on your family. We are committed to fighting for the compensation your child deserves to secure their future and well-being.
We offer a free consultation where you can discuss your case in detail with a compassionate and experienced attorney. During this consultation, we will:
- Listen to your story and understand the challenges you are facing.
- Review the details of your child’s birth injury and the medical records.
- Explain your legal options and answer your questions.
- Guide you through the next steps in the legal process.
Don’t face this alone. Contact Ask The Law Doc – Gershon Willoughby & Getz today for a free consultation and let us help you navigate the legal process towards securing the compensation your child deserves.
Additional Considerations
- Time limits: There are strict time limits (statutes of limitations) for filing a birth injury lawsuit in Georgia. Missing these deadlines can bar you from pursuing any legal action.
- Medical records: It’s crucial to maintain copies of all your child’s medical records related to the birth injury.
We understand that this is a difficult time for your family. Ask The Law Doc – Gershon Willoughby & Getz is here to stand by your side and fight for the justice your child deserves. Contact us today
FAQs About Ask The Law Doc – Gershon Willoughby & Getz
Do I Need a Birth Injury Attorney Atlanta?
If your child suffered a birth injury due to potential medical negligence, a birth injury attorney Atlanta can investigate the case, determine liability, and fight for the compensation your child deserves for medical bills, lost wages, and future needs.
What are Common Causes of Birth Injuries?
Common causes of birth injuries in Atlanta include oxygen deprivation, misuse of forceps or vacuum extraction, medication errors, and untreated infections.
Settlement vs. Trial: What’s Right for My Case?
A birth injury attorney Atlanta can advise you on the best path. Settlements offer quicker resolution, while trials can potentially yield higher compensation but take longer.
How Much Does a Birth Injury Attorney Atlanta Cost?
Most birth injury attorneys work on contingency, meaning you only pay if they win your case. Their fee is typically a percentage of the recovered compensation.
What is the Deadline to File a Birth Injury Lawsuit in Atlanta?
Georgia has strict time limits (statutes of limitations) for filing birth injury lawsuits. Consulting a birth injury attorney Atlanta promptly is crucial.
