Filing a Claim
To discuss your potential claim, simply call our toll-free number or submit a form to the right of your screen. There will always be someone here to answer your call – day, night or on the weekends. We understand that taking the first step can seem overwhelming which is why we want to be available when you’re ready to discuss your unique situation.
Also, our attorneys work on a contingency fee basis, which means you pay nothing out of pocket. Your initial call is free, and we are only compensated if we are able to obtain a settlement for your child.
Step 1 – Your Initial Phone Call
Your first phone call with our office will be with a Birth Injury Client Manager and likely take about 15 minutes. She will gather information about your child and what happened before, during, and after the delivery. If you don’t remember all the details – it’s ok! – we’ll be able to gather the information we need at a later date.
Note that if none of our Client Managers are available to take your call, a receptionist will gather some brief information and have a Client Manager call you back. If our offices are open, this is usually within 15 minutes. Otherwise, you will be called as soon as we open the following day, or at a time specified by you.
Step 2 – Investigating Your Claim
Many families don’t even realize their child was injured at birth until several weeks, months or even years after their child is born; so determining who is at fault can seem like a daunting process. Our job as your Birth Injury attorney is to investigate your claim and help determine who is responsible. This could range from your obstetrician, family physician, midwife, nurse, anesthesiologist, paramedic, pediatrician, neonatologist, or other medical staff involved in your baby’s labor and delivery.
If you don’t already have them, we will request the necessary medical records and have them reviewed by an experienced medical provider and our legal team. Also, even if you signed a consent form, in most instances, this will not prevent you from pursuing a claim on behalf of your child.
Step 3 – Filing Your Claim
Once our attorneys have determined the liable party(s), and if we believe we can help, we will file a claim on behalf of you and your child. U.S. courts allow for two separate claims to be filed; one on behalf of the parents and the other for the child.
The time allowed to file a claim for damages to the parents can be short, sometimes as little as one year, and can include:
- Maternal injuries
- Pain & suffering
- Medical expenses
- Harm to the parent/child relationship
A claim for your child can typically include:
- Medical expenses (both past and future)
- Pain & suffering (both past and future)
- Future loss of income
- Loss of the enjoyment of life
Step 4 – Preparing a Case for Trial
Our attorneys fight hard to get a trial date assigned to your case as soon as possible and will request that one be granted within 2 years of filing the claim in court. You will have full access to your lead attorney and supporting staff every step of the way. That attorney/team will often make multiple trips to visit you and help prepare you for any situations/questions that might arise during the entire legal process.
Note that not all cases will go to trial, however, setting a trial date in some situations, can help speed up settlement negotiations. If an adequate settlement can be agreed upon, a trial can often be avoided.
Note that there are legal deadlines associated with every case and that your time to file a claim is limited. Don’t wait. Call and speak to one of our Birth Injury Case Managers at 1-800-609-2759.