When Do Birth Injury Cases Go to Trial?
The CDC reports that roughly seven out of every 1,000 babies in the U.S. are born with birth injuries. If your child was diagnosed with one, consider hiring a birth injury lawyer.
Caput succedaneum (swelling of the scalp), cephalohematoma (bleeding between the scalp and skull), and clavicle fractures are just a few common birth injuries. Some of these injuries heal over time and don’t cause any long-term health complications. Others affect children for years, if not their entire lives.
Filing birth injury cases may help parents recover damages to cover costs associated with medical bills, rehabilitation expenses, and more.
So, when should these parents take birth injury cases to trial? Find out answers to this sensitive question below.
What Happens Before Birth Injury Cases Go to Trial
When parents first file birth injury cases, they won’t automatically go to trial. In many cases, they’ll wait months and sometimes even more than a year for these cases to reach courtrooms.
Before birth injury lawsuits go to trial, plaintiffs and defendants will have time to assemble cases. They can utilize this time to:
- Gather evidence
- Track down expert witnesses
- Strengthen their cases before arguing them in front of judges
Birth injury lawyers also usually suggest that their clients participate in legal dispute mediations and settlement negotiations before taking their cases to court. The conflict resolution process could help both sides reach a fair settlement agreement without having to rely on judges to render rulings.
This is often the more cost-effective option for plaintiffs and defendants. Working out a settlement also has confidentiality benefits that help keep birth injury cases out of the public light.
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How To Avoid Birth Injury Cases Going to Trial
Some parents prefer working out birth injury cases as quickly as they can. They might, for example, have certain family dynamics that could make long, drawn-out birth injury cases more trouble than they’re worth.
If you would like to avoid having a birth injury case go to trial, hire an experienced attorney who has earned a reputation for knowing how to work out settlement agreements outside of courtrooms for clients. Express your interest in steering clear of going to trial — and allow your lawyer to try their hardest to keep your case out of court.
With this in mind, your lawyer can conduct negotiations with the defendant in your case and aim to settle sooner rather than later. In many cases, this can shorten the personal injury lawsuit timeline and minimize the stress the legal process can cause you and your family.
When To Take Birth Injury Cases to Trial
Despite one’s best attempts, there may be times when avoiding trials during birth injury cases simply might not be possible for parents. If, for instance, your child sustained a birth injury that led to their death, you might not have any interest in negotiating a settlement with the defendant in your case. A wrongful death lawyer can skip the settlement negotiation part of the process and take your case directly to trial so that you can fight for justice.
However, you might also want to take a birth injury case to trial in less extreme cases. If you try negotiating with the defendant in your case and they demonstrate a complete unwillingness to budge from a lowball settlement offer, this could serve as a sign that you should proceed to a trial.
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How To Prepare for Taking Birth Injury Cases to Trial
If you decide taking a birth injury case to trial is your only option, you’re welcome to move forward with doing it. Just make sure you plan accordingly for what’s to come during this portion of the legal proceedings.
These are some of the steps parents should take to prepare for taking birth injury cases to trial:
- Collecting comprehensive medical records
- Gathering photographic evidence of birth injuries
- Participating in the discovery process and securing important information from the opposing legal counsel
- Calculating the past, present, and future medical expenses associated with birth injuries
- Preparing a list of potential expert witnesses to testify during a trial
Parents should also mentally prepare for the emotional and psychological toll that a birth injury trial can take. Hiring the right attorney can make a big difference in these birth injury cases.
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Who To Trust To Take Birth Injury Cases to Trial
Tracking down the right birth injury lawyer before taking a case to trial is paramount. You shouldn’t just hire the first local birth injury attorney you can find and trust them to tackle your complicated case.
Instead, search for a lawyer who checks the following boxes:
- Offers a wide range of experience handling a variety of different types of birth injury cases
- Comes highly recommended by clients who have worked with them in the past
- Provides a conveniently located office and a friendly staff
The birth injury lawyer you bring on board to represent you could ultimately make or break your case. By setting out to find a knowledgeable lawyer who understands the ins and outs of birth injury cases, you can improve your chances of earning a larger judgment in court.
Enlisting the legal services of the right lawyer can also help keep your case out of a courtroom while still earning a fair settlement. It’s worth spending a little extra time locating a lawyer you can count on to assist you during a difficult time.
Contact Us for Help With Finding a Reliable Birth Injury Lawyer
Proving negligence in birth injury cases isn’t always easy. Improve your chances of doing so by trusting Accident Hotline to help you find the right birth injury lawyer.
Accident Hotline can also help you find a car accident, dog bite, or even wrongful death lawyer who can offer assistance with everything from taking a case to trial to speaking with insurance companies on your behalf. Touch base with us today by calling (844) 343-9609 and learn more about which local lawyers you should rely on for your personal injury case.
For a free consultation, call (844) 343-9609
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When Should You Switch to a Different Injury Lawyer?
Knowing When It's Time for a Change Choosing the right attorney after an accident is one of the most important decisions you'll make in your recovery journey. However, not every lawyer-client relationship is a perfect fit. Sometimes, despite your best efforts, you may realize that your current representation isn't meeting your expectations. Whether it's poor communication, lack of progress, or a sense that your case isn't being handled effectively, recognizing when to switch attorneys can make all the difference in the outcome of your claim. Switching to a new personal injury lawyer doesn't mean starting over from scratch—it means taking control of your case and ensuring it receives the attention and effort it deserves. Understanding what to expect from your legal representation can help you identify the warning signs that it might be time for a change.
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