A birth injury can result in unimaginable losses for your family. If the injury was preventable and your healthcare provider failed to follow protocol during delivery, you may be able to hold them responsible for your damages.
A Naperville birth injury lawyer at Ben Crump Law, PLLC, can help you seek compensation for the injuries to your child.
Knowing the Type of Compensation You May Get From a Birth Injury Claim
Compensation in a birth injury case falls into two distinct categories: economic awards and non-economic awards. The amount of any damages that you receive for birth injuries depends on how serious the injuries are and whether the injuries are treatable and permanent. The kinds of compensation that you might receive can vary widely from one case to the next.
Some of which could be:
Economic awards are compensation for direct financial losses. These losses usually are easy to document through bills or other business records. Examples of economic awards may include:
- Medical bills for surgery, hospitalization, and rehabilitation
- Home health care and personal care expenses
- Costs of medications and medical equipment
- Lost wages if a parent needs to stay home to care for the child
Non-economic awards are compensation for losses that do not have financial documentation. These intangible losses, while equally important, may be more difficult to prove. They could include:
- Physical pain and suffering to your child
- Loss of the ability to engage in certain activities or enjoy life
- Permanent impairments or disabilities
- Emotional trauma
For a free legal consultation with a birth injury lawyer serving Naperville, call (800) 641-8998
Proving That the Birth Injury to Your Child Was Preventable
While all birth injuries are devastating events, not all birth injuries are preventable or immediately apparent at birth. As a result, legal claims arising from birth injuries can be quite complex. If you want to succeed on your birth injury claim, you must prove that the treating doctor or other medical professional committed medical negligence or malpractice.
Negligence is acting carelessly or recklessly in regards to others’ safety. A negligent physician provides medical treatment that falls below a reasonable standard of care under the circumstances. In other words, if a doctor with the same training and experience would have acted differently in the same situation, then the doctor may have acted negligently.
You also must prove that the negligent action or inaction of the medical provider directly caused the birth injury. Had it not been for the negligence, you or your child would not have suffered a birth injury. You also must show how the injury led to damages and other losses to your child and your family.
Naperville Birth Injury Lawyer Near Me (800) 641-8998
Understanding How Our Law Firm Can Help Your Family During This Challenging Time
A lawyer with Ben Crump Law, PLLC, knows what it takes to be successful in your Naperville birth injury case. We have experience handling these types of complex cases and enlisting the medical experts that we need to prove your case.
As your lawyers, we can:
- Uncover the causes of the birth injury to your child
- Delve into the medical records to discover the events as they occurred
- Get expert medical opinions on the level of medical care that your child received during and after birth
- Document the injuries to your child and the costs of treating those injuries
- Determine how those injuries will impact the lives of your child and your family in the future
- Communicate with the insurance company to negotiate a settlement
- File a lawsuit when necessary
We do not shy away from the toughest of birth injury cases. If you suspect that medical negligence led to birth injuries to your child, you should not hesitate to contact us for advice. We can help you get compensation for your losses.
Paying for Legal Services in Your Birth Injury Case
We offer a free consultation to all prospective clients and their families. Take the chance to talk to us about your case at no risk or obligation to you. You’ll be able to ask some questions about your situation and allow us to evaluate your case.
You pay us nothing to begin work on your case. We accept no out-of-pocket payments in this type of case. We take our legal fees out of the financial award that you receive when we resolve your case.
Our goal is to ensure that all families with children who have suffered birth injuries have the chance to get legal representation. During a time when finances may be tight, we do not want you to have to worry about paying legal fees, too.
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Learning how Long You Have to File a Lawsuit After a Birth Injury Occurs
All states place time limits on how long you have to file different kinds of lawsuits in court. In the state of Illinois, you usually have two years from the date of the injury from medical malpractice, or the date that you discover the injury, to file suit. Birth injury cases, however, are an exception to that general rule.
According to 735 ILCS 5/13-212(a), minors who suffer injuries due to medical malpractice are usually given eight years to bring their lawsuit against the liable party. In turn, if a birth injury is not apparent right away, parents have more time to file their cases. While you still should consider getting legal advice promptly, you may have more time to file suit because your case involves an injury to a child.
Getting Help for Your Losses After a Birth Injury to Your Child
When you are facing a birth injury that may leave you or your child with permanent impairments, you may be unsure where to turn first. A lawyer at Ben Crump Law, PLLC, serving Naperville will be on your side from the outset of your case. We can answer your questions and calm your concerns as we walk through this journey with you.
Start by picking up the phone and calling (800) 641-8998 to reach Ben Crump Law, PLLC. We are waiting to provide you with a free case review at no obligation to you.