A free case evaluation represents the first step of the legal process for a birth injury case. This is when you get an answer to the question, “Where can I get help with my birth injury case.” Although each birth injury case is different, there are a few steps that remain the same if you decide to litigate a case of medical malpractice.
Send a Demand Letter
Your personal injury attorney might ask the healthcare provider to compensate you before filing a lawsuit. Sending a demand letter explains why you believe the healthcare provider caused the birth injury your child suffers from, as well as how much compensation you deserve for dealing with the aftermath of the medical malpractice incident.
Build a Convincing Case
If the healthcare provider rejects the demand letter or if your lawyer decides not to send one, then you move on to building a persuasive case. Your attorney will want to know three important elements of your birth injury case. First, how could the healthcare provider have prevented the birth injury? Second, which party is responsible for medical malpractice? Third, when, where, and how did the birth injury occur?
File a Civil Lawsuit
After building a case your lawyer feels confident litigating, the next step of the legal process is to file a civil lawsuit. After filing the proper paperwork, you and your family become the plaintiffs in the case, while the healthcare provider becomes the defendant. A court clerk processes the paperwork and then sends a notice to the defendant informing the defendant about the lawsuit. The defendant has a certain number of days to respond to the lawsuit.
Discovery is a legal maneuver that allows the attorneys representing both parties to learn more about what the other side has in terms of evidence. Depositions bring together witnesses, as well as medical experts that either confirm or disapprove of the evidence presented by both parties. The discovery phase of a birth injury lawsuit also gives your legal counsel more time to collect and organize evidence.
During the discovery phase, the legal counsel representing both parties do not conduct a back and forth discussion about compensation. Back and forth discussions unfold during the negotiations held after the discovery phase of a birth injury lawsuit. Both parties have the same evidence in which to start discussing financial terms. If your case reaches a settlement, the defendant pays you a lump sum of money and all legal action comes to a halt.
During the trial phase of a birth injury lawsuit, the judge or jury hearing the case listens to the arguments presented by both parties. The judge or jury hearing the case decides whether to award you just compensation or deny your claim for monetary damages. If you lose your birth injury lawsuit, your attorney decides whether to file an appeal.
The trial and appeal phase of a birth injury lawsuit can add years to the amount of time it takes for you to get justice.