A birth injury or an infant death is one of the most devastating experiences a family can face. The harm to a child can create a devastating psychological impact on the parent, including post-traumatic stress disorder and postpartum depression.
The loss may overwhelm a parent if the injury results from medical negligence. Hospitals, clinics, and healthcare providers must be held accountable if the injury occurred due to reckless actions or inaction.
Our Ann Arbor birth injury lawyers at Michigan Injury Lawyers are passionate about protecting the rights of injured parents or children. We approach birth injuries with the compassion and empathy that affected parents and children require.
Most importantly, our Ann Arbor birth injury attorneys are aggressive enough to pursue a fair settlement value for your losses.
Why Choose Us
The ability of your family to recover from injury-related losses depends on the settlement value of the birth injury claim. You should, therefore, work with our birth injury attorneys, who can work hard to maximize your settlement value.
Here are a few reasons to work with us:
- Highly Reputable: Our Ann Arbor birth injury attorneys have received numerous 5-star reviews and positive testimonials from past clients. As a result, they constantly get referrals as a compliment for quality representation.
- Nationally Recognized: Our birth injury lawyers have received the National Trial Lawyers Association and Super Lawyers, among others, for their dedication and professionalism in client service.
How Much Is My Birth Injury Case Worth
There is no average value for a birth injury case in Ann Arbor. The value depends on the facts and circumstances of the injury.
Here are the factors that influence the value of a birth injury:
Severity of the Birth Injury
A minor birth injury, such as bruising or minor lacerations, may result in lower compensation compared to a severe birth injury, like cerebral palsy or Erb’s palsy. The extent of the harm caused to the child and the long-term consequences impact the compensation that may be awarded in a birth injury case.
For instance, a minor birth injury that requires minimal medical intervention and has a quick recovery time may result in lower compensation. On the other hand, a severe birth injury that leads to lifelong disabilities, extensive medical treatments, therapy, and ongoing care needs can significantly increase the value of the claim.
Further, the emotional distress and financial burden placed on the family due to a severe birth injury can influence the value of a birth injury.
Duration of Recovery Period
After experiencing a birth injury, the road to recovery can be lengthy. This extended healing period often results in a higher settlement for the injured party. The longer the recovery period, the more extensive the medical treatment and rehabilitation needed.
As a result, the victim or their family may incur hefty medical expenses, ongoing care costs, and potential long-term effects on the individual’s quality of life. A victim who quickly recovers from a birth injury may receive a lower settlement value due to lower medical expenses.
Our birth injury attorneys can use medical records and bank statements to prove how a lengthy treatment plan has contributed to higher losses.
Insurance Coverage of the At-Fault Party
In most cases, birth injury victims receive compensation from the insurer of the negligent party. That said, their insurance coverage can determine the settlement value you receive for your losses.
If the at-fault party holds insufficient coverage, it may restrict the settlement value you can receive for your losses. Our birth injury lawyers can explore other avenues to pursue compensation, including filing a birth injury lawsuit against the at-fault party.
Legal Representation
When facing a birth injury case, having legal representation can significantly impact the outcome of your claim. Our experienced birth injury lawyers will use their knowledge of similar cases to ensure you receive the maximum compensation you deserve.
Our Ann Arbor personal injury lawyers understand what it takes to create a claim that’s likely to lead to a positive outcome.
They can gather evidence, negotiate with insurance companies, and litigate in court if necessary, all with the goal of securing the best possible outcome for you and your family.
With their legal knowledge, they can help make appropriate decisions throughout the claim that protect your interests as an injured victim.
Ann Arbor Birth Injury Lawyer
You can initiate a birth injury lawsuit to pursue compensation from the negligent party that contributed to your losses. Our birth injury lawyer can evaluate the details of your case and determine the legal steps for seeking compensation for your losses.
Our birth injury attorney can represent you if you or your child has suffered any of the following injuries:
- Cerebral Palsy: Cerebral Palsy is a serious condition that affects muscle tone, movement, and motor skills. It can be caused by a lack of oxygen during birth or trauma during delivery.
- Facial Nerve Injuries: Facial Nerve Injuries are another common birth injury, resulting in facial paralysis due to pressure on the facial nerves during delivery.
- Brachial Plexus Injuries: Brachial Plexus Injuries, such as Erb’s Palsy, occur when the network of nerves supplying the arms and hands is damaged during birth, leading to weakness or paralysis in the affected arm.
- Fractured Bones: Fractured Bones are often caused by excessive force during delivery, leading to broken bones in the baby.
- Intracranial Hemorrhage: Intracranial Hemorrhage refers to bleeding within the skull, which can result from trauma during birth.
- Caput Succedaneum: Caput Succedaneum, a swelling of the baby’s scalp, can occur when pressure is applied to the baby’s head during delivery.
- Perinatal Asphyxia: Perinatal Asphyxia is a serious condition caused by a lack of oxygen before, during, or after birth, which can lead to long-term health issues for the baby.
Our birth injury lawyers can use expert opinion or a specialist report to prove that the physical harm occurred as a result of negligence.
Fighting the Insurance Company
Many injured victims obtain compensation from the insurer of the negligent party. Even so, insurers are notorious for using dark tactics that frustrate injured victims in obtaining compensation for their losses.
Working with our birth injury lawyers can level the playing field when dealing with an insurer.
Here’s how our birth injury lawyers can help you face insurers:
Investigating the Cause of the Birth Injury
At Michigan Injury Lawyers, our experienced birth injury lawyer can meticulously examine the circumstances surrounding the birth injury to determine liability.
By conducting a thorough investigation, our birth injury lawyers can gather evidence, consult with medical experts, and analyze medical records to uncover the factors that led to the injury.
After they’ve identified the cause of the birth injury, our birth injury lawyers can strategically use these findings to negotiate with insurance companies on your behalf. By presenting solid evidence and expert opinions, our birth injury lawyers can strengthen your case and fight for maximum compensation for your losses.
While dealing with insurers can be intimidating, our birth injury lawyers can guide you through the process and protect your rights.
Negotiating With Insurance Providers
Insurance companies are notorious for trying to minimize settlements. However, a seasoned birth injury attorney understands how to handle these negotiations effectively to ensure you receive the maximum settlement value possible.
Our birth injury lawyer will gather all the necessary evidence, medical records, and expert opinions to build a strong case on your behalf. They will then negotiate with the insurer, presenting compelling arguments and advocating for your rights.
With their experience in birth injury cases, they can effectively counter any attempts by the insurer to undervalue your claim.
When you work with our birth injury attorneys, you can level the playing field and increase your chances of obtaining a fair and just settlement for the injuries and damages you and your child suffered.
Representing You in Court
When insurers try to reject or diminish your claim, our birth injury attorneys are ready to litigate the matter in court so you’re fully compensated for these losses
Our birth injury attorney can perform the following roles when facing an insurer in court:
- Present medical records, expert testimony, and documents to prove malpractice or negligence
- Question healthcare providers, specialists, and other witnesses in support of your case
- Challenge the credibility and accuracy of the defense witnesses and arguments
- Prove that the healthcare provider’s negligent action caused the injury
- Advocate for a fair settlement value for your losses
Our birth injury attorneys can use their knowledge and experience of the court system to face the insurers and obtain a better settlement value for your losses. They can also look for opportunities to negotiate a settlement instead of going to a full trial.
Adhere to Legal Timelines
All legal cases, including birth injury claims, must adhere to strict timelines and deadlines. Each state applies a statute of limitations, a prescribed window where the injured victim must initiate a lawsuit against the at-fault party. Due to it being a child, there may be extensions that an attorney can make you aware of.
Under Michigan laws, a birth injury lawsuit should be initiated 2 years after the victim discovered or should have discovered the harm. An insurer can take advantage of the statute of limitations to challenge your birth injury claim. Our birth injury lawyers understand the applicable deadlines in your claim and will make timely submissions to protect your right to compensation.
What to Do After a Birth Injury
Your actions after a birth injury can enhance your wellness and protect your rights as an injured victim.
Here’s what you should do after a birth injury:
Seek Immediate Medical Attention
You should seek immediate medical attention if you or a loved one has sustained a birth injury.
First, timely medical intervention can prevent further complications. Birth injuries, such as cerebral palsy or Erb’s palsy, require immediate evaluation and treatment to minimize long-term consequences.
Early diagnosis and intervention can enhance recovery and prevent expensive treatment plans.
A healthcare provider will also document the injury during the treatment. Our birth injury attorneys will use medical records and expert assessments as evidence to prove the extent of your losses.
A delay in seeking treatment affects the victim’s health and your compensation claim. The insurer of the negligent health provider or health facility can also question the severity of your injury if you delay seeking treatment.
Contact a Birth Injury Attorney
You should speak to a birth injury attorney after sustaining a birth injury. Our birth injury attorneys can evaluate the circumstances of your case and determine if it’s worth pursuing compensation from the at-fault party.
Further, many birth injury victims are not aware of the extent of their losses or the applicable damages to their claim. Our birth injury lawyers will assess the harm and determine the damages you can pursue in a lawsuit.
Some of the damages you can pursue in a birth injury lawsuit include:
- Medical expenses
- Lost earnings
- Out-of-pocket expenses
- Pain and suffering
- Emotional anguish
- Loss of companionship
- Loss of enjoyment of life
- Punitive damages
- Permanent disability/disfigurement
Our birth injury attorneys work on a contingency-fee basis, which means they only get paid after winning the case or obtaining compensation for your losses. The payment structure also means you don’t have to pay out-of-pocket, allowing you to access legal representation when dealing with the financial burden of a birth injury.
Speak to Our Trusted Ann Arbor Birth Injury Attorneys
While you may be entitled to compensation for your birth injury-related losses, you’re likely to face resistance from the at-fault party’s insurer. Insurers are notorious for frustrating insurers by making low settlement offers that don’t cover your losses.
Our Ann Arbor birth injury lawyers understand the potential impact of physical and emotional injuries on a victim’s life. We, therefore, conduct thorough investigations, gather evidence, and pursue a settlement value that helps you cope with the losses.
You can count on our Ann Arbor birth injury lawyers to protect your rights.
Contact us at (313) 438-4357 for a free case evaluation.