Sabtu, 17 Agustus 2019
Every parents who are expecting a baby must be hoping that the baby (ies) will be born healthy. Unfortunately, birth injury can happen, and when it happens, the parents will have to want whoever responsible for it to be taken to justice. That is where a birth injury lawyers come.
Birth injury lawyer will guide you through the process of taking justice to the party that causes the birth injury. They will help you understand your rights on the case, and make sure you have the chance to prove your case.
Birth Injury Lawyers Specialization
Just like many other professionals, most of birth injury lawyers also have their own focus or specialization in one specific birth injury. The most common is cerebral palsy. But there are a lot of birth injury lawyers who take focus on variety of birth injuries such as erb’s palsy, wrongful death, infant brain damage, bone fractures, and many more.
Before you get started and get yourself a birth injury lawyer, it is important to understand their track record and experience on handling birth injury cases. Also worth noting, statistics have proven that lawyers who specialize in birth injury are more likely to win a birth injury case than those who only practice general law.
Birth Injury Lawyers and Where to Find Them
There are a lot of ways for you to find a birth injury lawyer. The most traditional way of course, is by looking in a yellow book, or by recommendation from family or friends. But are they reliable enough for an important case like birth injury?
Surely, the yellow book has numerous contacts and addresses of attorneys. But when it comes to finding the best attorneys, the yellow book is so yesterday. You may find the better chance of finding the best attorney on internet.
Search engines such as Google or Bing are your best friends when it comes to finding the best attorneys. Because not only it provides their contacts and addresses, there are also reviews and testimonies from the people who have used their services, so you can know whether an attorney is good enough for your case or not.
Moreover, after you have narrowed your choices, the next best thing to do is to interview each one of birth injury lawyer you found on the internet. This process is important because you will want to feel comfortable when you are working with them. Besides, it is good to know the personality of the attorney when you meet them in person. Remember, they will represent you in your case so you better choose the best attorney possible.
Birth Injury Lawyers Work to Help You and Your Baby
The very first thing a birth injury lawyer do after you hire them, is to determine whether you have a case or not. Even if you strongly believe that you or your baby were injured by medical negligence, your attorney will still have to do it, because it is one of their Standard Operational Procedures.
Usually, an attorney will start by checking all the information regarding the case. You can help them by providing your medical documents and anything else that you think can help your case. After that, an experienced attorney will start the process of pre-litigation which is basically they are collecting additional documents, evidence, and witness.
At this moment, it is common for an attorney to propose a settlement that you and your attorney have agreed on, to the defendant. But, it is not always that the defense will accept to settle. It is not rare that they want to take it to trial and see what you and your attorney can prove.
When a settlement can not be reached, the litigation process will begin. In this phase, your birth injury lawyer will formally file a complaint to the court. Once the complaint is filed, the defendant will be given some time to formally answer. During this time, the defendant has the right to know what’s against them, so they will have the chance to respond.
Most of the times, the defendants will break and they will agree to negotiate the settlement during this phase. This time, you will have the higher ground, because they will think it would be easier to settle than to fight in a trial. But it doesn’t mean you will automatically get a settlement. You and your attorney will still have to negotiate with the defendant until the agreement is reached.
Birth Injury Lawyers’ Cost
You need to understand that it is impossible to determine a birth injury lawyer cost. There are numerous factors that affect the cost of an attorney, such as experience and reputation. However, it is normal if you want an experienced and well-reputated attorney who is affordable.
This is something most of attorneys understand, and there are a lot of birth injury lawyers who work on contingency fees. Meaning they will only get paid if you win the case. So you better make sure that the birth injury lawyer you hired work on contingency fees, because not only it will help you financially, the lawyer will also work harder to make sure you win your lawsuit.
Another important thing to know is what attorneys charge for. Although the charges vary depend on each lawyer, but there are things that most of lawyers take charge for such as office expenses, court costs, and some administration cost regarding the documents needed.
Birth Injury Lawyers Duration to Resolve Case
A birth injury case usually takes months, if not years to be resolved. The amount of time depends on many factors such as how severe the injury is, or how many witnesses there are, so it’s impossible to determine the time needed for your attorney to work on your case. Just keep in mind that most of birth injury cases are time consuming, so you better be prepared.