A birth injury is a devastating experience that can leave your family in financial struggle. You have the right to compensation if you suffered a birth injury during childbirth or if your baby sustained an injury during childbirth.
The at-fault healthcare provider or facility may shift blame or deny your claim. You may also face resistance from their insurance provider. You should always work with a legal professional to protect your interests during the claim.
Our birth injury lawyers at Michigan Injury Lawyers are dedicated to protecting the rights of injured victims. We understand the impact of birth injury and will work to ensure you’re fully compensated for your losses. Call today at (248) 454-0800.
Why Choose Us
At Michigan Injury Lawyers, we believe every birth injury case is unique and requires personalized attention. When you choose to work with our birth injury lawyers, you can rest assured knowing that you will receive dedicated and compassionate representation throughout the entire legal process.
With decades of combined experience, our team of highly skilled and knowledgeable attorneys has successfully handled numerous birth injury cases. We understand the state and federal laws applicable to birth injuries, which gives us an advantage in fighting for your rights.
Compensation for Birth Injuries
You may be entitled to compensation for the losses associated with the birth injury. Compensation for a birth injury allows you to cope with physical impairments, emotional trauma, and financial losses.
Some of the damages you can receive for a birth injury include:
Medical Expenses
If your child has suffered a birth injury, you may be entitled to compensation for medical expenses. Birth injuries can result in significant financial burdens for families, as they often require specialized medical care and ongoing treatment.
You can receive compensation for the following medical expenses:
- Hospitalization charges
- Rehabilitation costs
- Medications and medical supplies
- Emergency room fees
- Specialists charges
- Assistive devices
Our birth injury attorneys can help compile and preserve copies of medical records, allowing you to initiate a strong claim against the negligent party.
Pain and Suffering
Experiencing a birth injury can result in significant pain and suffering for both the child and the parents. Physically, birth injuries can lead to long-term physical disabilities and impairments that affect the child's quality of life.
Emotionally, birth injuries can take a toll on both the parents and the child. Parents often feel guilt, sadness, and frustration for being unable to protect their children from harm. The child may experience emotional trauma and struggle with feelings of inadequacy and isolation as a result of the injury.
Compensation seeks to provide relief for the physical discomfort, trauma, and emotional distress experienced as a result of the birth injury. Our birth injury lawyer can prove the extent of your injury and establish the value of your losses.
Reduced Quality of Life
A birth injury can have a significant impact on a child's quality of life, as well as the lives of their family. A child may endure physical limitations or cognitive impairments. A birth injury has the potential to reduce mobility and physical abilities.
The child may require assistive devices or ongoing therapy to help them lead their daily lives. The long-term care or injury may limit their independence and ability to participate in activities their peers enjoy.
The child’s special needs can burden the family, both emotionally and financially. The role of reduced quality of life damages is to provide compensation for the loss of enjoyment of life associated with the injury.
Emotional Anguish
The emotional toll of a birth injury cannot be underestimated. Parents may face anxiety, depression, and traumatic stress as a result of witnessing their child suffer from the injury. Compensation can help acknowledge and provide support for the emotional anguish caused by the birth injury.
Punitive Damages
If the case goes to trial, a judge or jury may award punitive damages if the negligent healthcare provider displayed gross negligence.
These damages punish the liable party and deter them and others from engaging in similar behavior in the future.
Common Birth Injury Cases in Mt. Clemens
You can rely on our birth injury lawyers to understand your rights and legal options. Our Mount Clemens birth injury attorneys represent families who have experienced complications during childbirth that have resulted in injury to the baby or mother.
We can represent you in different types of birth injuries, including:
- Brachial plexus injury and Erb’s palsy
- Cerebral palsy
- Cephalohematoma (skull bleeding)
- Brain damage
- Forceps delivery complications
- Hydrocephalus
- Hypoxic-ischemic encephalopathy (HIE)
- Infant meningitis
- Meconium aspiration syndrome (MAS)
- Periventricular leukomalacia (PVL)
- Spinal cord injuries
- Stillbirth (intrauterine fetal demise)
- Vacuum extractor complications
- Shoulder dystocia
Fighting the Insurance Company
As you’re pursuing compensation for your losses, you’ll likely encounter resistance from an insurance provider. Insurance companies are notorious for minimizing payouts and denying claims, even in cases where negligence is apparent.
However, with the help of our experienced birth injury lawyers, you can effectively fight back and ensure that your rights are protected.
Here’s how our birth injury attorneys will fight back and protect your rights:
Investigating the Cause of the Birth Injury
While you may be entitled to compensation for your injuries, you must demonstrate the at-fault party's negligence. Our birth injury lawyers will conduct investigations by gathering medical records, interviewing eyewitnesses, and analyzing the findings of a specialist report.
This investigation will help to establish liability and demonstrate how the negligence or wrongdoing of medical professionals contributed to the harm your child suffered.
Establishing the Value of Your Damages
The settlement value you receive in a birth injury determines your ability to recover from injury-related losses. Further, you’re likely to accept a low-ball settlement offer if you don’t understand the actual value of your losses.
Our birth injury lawyer will work closely with you and medical experts to establish the full impact of your losses. They can demonstrate the value of your damages using factors like the severity of injuries, treatment duration, and the long-term effects of the birth injury.
A comprehensive analysis of your injury-related losses will allow you to pursue a fair settlement value for your losses.
Negotiating With the Insurance Provider
The insurer of the negligent healthcare provider may make a settlement offer immediately after the incident. Often, the insurer makes a low settlement offer that doesn’t cover your losses.
Our birth injury lawyer will evaluate the merits of the offer by comparing it with your injury-related losses. They also understand the impact of birth injuries and can guide you on whether to accept or reject a settlement offer.
Most importantly, our birth injury attorneys will skillfully advocate for your rights, leveraging their knowledge, experience, and negotiation skills to demand a fair settlement that adequately covers your injury-related losses.
Representing You in Court
In some cases, negotiations with the insurance provider may not result in a satisfactory outcome. If that happens, our birth injury lawyers will be prepared to take your case to court and fight for your rights before a judge and jury.
Based on their understanding of birth injury law, they will present a strong and compelling case, using evidence, expert testimony, and persuasive arguments to secure the compensation you and your child deserve.
If your case requires an appeal process, our birth injury attorneys are prepared to continue fighting for a fair settlement value for your losses.
What to Do After a Birth Injury
Your actions after a birth injury can enhance the wellness of the child or the mother. You must also take specific actions to protect your legal rights as an injured victim.
Here are the actions you should take as an injured victim:
Seek Medical Attention
The immediate priority after a birth injury is to seek appropriate medical attention for your newborn. Even if the injury seems minor or if you are unsure of the severity, consult a healthcare professional who specializes in infant care.
Some hidden birth injuries are not immediately apparent after the birth but have long-term consequences on the child’s development. A comprehensive analysis by a healthcare provider can identify hidden injuries like fractures or facial nerve palsy.
A healthcare provider will also commence a treatment plan for your child to enhance their recovery. Most importantly, they will generate health records you can rely on to file a personal injury claim or lawsuit.
Speak to Our Experienced Birth Injury Attorneys
You should also speak to an experienced birth injury attorney for legal support in the aftermath of the incident. We understand the potential impact of a birth injury and are prepared to support your compensation claim.
First, we’ll assess the circumstances of your injury and advise you on the merits of your claim. We’ll also guide you in making suitable decisions that support your interests during the claim process.
Our birth injury attorneys also work on a contingency-fee-based approach, meaning we’ll only get paid after winning the case or getting a settlement award. Our fee arrangement also means you don’t have to pay for the legal services out of pocket.
Call Our Mount Clemens Birth Injury Lawyer for Help
If you or your child has suffered a birth injury, our highly experienced birth injury attorneys are ready to protect your rights. We understand the impact of birth injuries on the child, mother, and affected families and are prepared to fight for deserved compensation for your losses.
With over 15 years serving this community, we will not settle for less than you deserve. Our Michigan Injury Lawyers birth injury attorneys are highly skilled negotiators, allowing us to protect your interests during negotiations.
Call us at (248) 454-0800 to schedule a free consultation.