You’ve spent months preparing for your newborn’s arrival. However, nothing could have prepared you for a birth injury. When these incidents happen, you might have concerns about your child’s future and how you’ll provide for your family.
That’s where Ben Crump Law, PLLC comes in. We’re a client-centered law firm extending our services to parents in West Virginia. A Charleston birth injury attorney from our team will pursue compensation for your child’s necessary expenses. We offer free case reviews.
What Constitutes a Birth Injury?
Academic Forensic Pathology defines a birth injury as any injury to the baby before, during, or after birth. Doctors must recognize and respond to certain conditions with the utmost care. If they don’t and cause harm to a newborn, they can be financially liable.
Examples of birth injuries include:
- Cerebral palsy
- Bacterial meningitis/GBS positive
- (NEC) from baby formula
- Fractured collarbones
- Shoulder dystocia
- Traumatic brain injuries
- Stillbirth/death
- Spinal cord injuries
- Erb’s palsy
- Necrotizing enterocolitis
- Brain bleeds
- Hypoxic-ischemic encephalopathy (HIE)
- Oxygen deprivation
- Meconium aspiration
For a free legal consultation with a birth injury lawyer serving Charleston, call 800-959-1444
Causes of birth injuries in Charleston, West Virginia
Healthcare professionals can cause birth injuries when they:
- Fail to notice fetal distress during labor and delivery
- Fail to render appropriate force when extracting the baby from the birth canal
- Fail to monitor the mother’s pre-existing health conditions
- Fail to address complications
- Fail to render a C-section in a timely manner
- Drop the baby after birth
- Fail to recognize any post-birth conditions, like rubella
Charleston Birth Injury Lawyer Near Me 800-959-1444
We’re Ready to Seek These Injury-Related Expenses
Now, we want you to focus on playing with your baby, celebrating milestones, and creating memories. In the meantime, your birth injury attorney will seek compensation for:
Your Child’s Medical Expenses
Your child may need medical care either temporarily or long-term. For instance, if they suffered cerebral palsy, they may need a wheelchair or crutches. If they suffered Erb’s palsy, they may require therapy to build muscle in the afflicted limb.
We want to ensure that your child receives the best possible care. This involves seeking awards for their current and ongoing healthcare costs.
Your Lost Income
Caring for a newborn is already a full-time job in and of itself. Caring for a newborn with a birth injury is another matter. You deserve to spend time with your family without worrying about your income.
Your birth injury attorney will seek recompense for your lost wages, tips, income, and employee benefits. If you cannot return to work, we will seek compensation for loss of future earning capacity.
Pain and Suffering
Pain and suffering in a birth injury case accounts for your and your child’s hardships. West Virginia doesn’t assign an exact dollar value to pain and suffering; its value depends on your situation.
We will consider your child’s mobility, mental health, and future prospects when calculating their pain and suffering.
Disability
Because of a medical professional’s error or omission, your child may have a lifelong disability. Compensation for disability isn’t the program offered by the Social Security Administration (SSA); instead, it’s an expense that pays for the physical and emotional trauma of being disabled.
Based on your situation, we may seek additional losses than those listed here. You can learn about other recoverable expenses during your free case review.
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Why Partner with our Charleston Birth Injury Team?
When you team up with Ben Crump Law, PLLC, you can expect us to:
Investigate Your Child’s Birth
To build a strong case, we must have evidence to support it. First, we’ll consult with healthcare professionals about the quality of care you received. We can use their testimony to establish that another healthcare provider acted negligently.
We can also use:
- Photos of your child’s external impairments
- Your medical records
- Ultrasounds and other imaging scans
- Videos of your child’s birth
- The doctor’s treatment records
With evidence, we will assert that because a medical professional failed to act appropriately, your child was injured, and you deserve compensation.
Represent You on a Contingency-Fee Basis
Right now, we don’t want you to worry about affording legal help. We want you to spend time with your loved ones. To alleviate your financial concerns, we offer our help on a contingency-fee basis, which means:
- A portion of your settlement pays for our services.
- You don’t pay anything up front to retain our help.
- We don’t charge our attorney’s fees if you don’t recover compensation.
We will explain everything about our fee arrangement from the very beginning. That way, you know what to expect.
Send Your Demand Letter and File an Insurance Claim
Many hospitals, doctors, and medical practices have liability insurance coverage. So, if anyone gets hurt while receiving care, they can pursue compensation from that insurance policy.
We will:
- Send your demand letter. This involves sending a document to the liable insurance company outlining the cost of your losses and the facts of your case.
- Manage all communications with the insurance company. Juggling emails, text messages, and phone calls from the insurance company can quickly overwhelm you. Our birth injury attorney serving Charleston can manage these communications while you spend time with your family.
- Negotiate a settlement. The insurance company may offer a settlement that doesn’t meet your needs. You don’t have to accept an offer if it’s not fair. Your attorney can negotiate for a better deal. This involves presenting additional evidence, citing the liable policy, and asserting your child’s condition.
File Your Civil Lawsuit
We may file a lawsuit if we can’t resolve your case through an insurance settlement. Pursuing a successful lawsuit involves:
- Identifying your recoverable losses
- Crafting and presenting an argument
- Proving negligence
- Interviewing and cross-examining witnesses
- Taking depositions
- Abiding by West Virginia’s statute of limitations
We will also follow all courtroom protocols and explain what you should expect.
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Begin Your Free Case Review with Ben Crump Law, PLLC
Our birth injury team is ready to start advocating for you and your child’s rights today. We offer free case reviews where you can discuss your situation with our staff. Here, we want to learn about your child, legal goals, and concerns. We’re also prepared to answer any questions you have.
To consult with our team, dial (800) 641-8998.
Call or text 800-959-1444 or complete a Free Case Evaluation form
