A birth injury or an infant death is one of the most overwhelming experiences a family can confront. The loss or physical injury to a child is sometimes a life-changing experience. The family or mother may endure emotional distress and financial losses.
You may be entitled to compensation after a birth injury caused by medical negligence. Even so, you must demonstrate that the actions of a healthcare provider fell below the acceptable levels of care, causing harm to your loved one. Michigan Birth Injury Lawyers can help build your case, gather expert testimony, and fight for the justice your family deserves.
Our birth injury attorneys at Michigan Injury Lawyers understand the impact of the injury on the family and are ready to fight for your rights. We can investigate the incident, gather evidence, consult professionals, and initiate a lawsuit against the at-fault party.
Why Choose Us
Although many injured victims obtain compensation from the insurer of the at-fault party, some cope with a birth injury without financial support. However, you can enhance the chances of a positive outcome by working with our birth injury attorneys. Ask a Personal Injury Lawyer early to understand your options and take the right steps toward compensation.
Here are a few reasons to work with us:
- Tried & Tested: Our experienced birth injury lawyers have been representing birth injury victims since 2008. Our satisfied clients recommend us to their friends and have left numerous five-star reviews.
- Location: We have several locations including our headquarters in Bloomfield, MI. Call our office today at (313) 438-4357 for a compassionate Michigan Birth Injury Lawyer.
You can count on our birth injury lawyers to protect your rights as an injured victim.
Compensation for a Birth Injury
You can initiate a birth injury lawsuit to obtain compensation for your losses. Some of the damages you can receive in a birth injury lawsuit include:
Medical Expenses
One of the key damages you can receive in a birth injury claim is compensation for medical expenses. These expenses can quickly increase, from initial hospital stays to ongoing therapies and treatments.
By working with our Michigan birth injury lawyers, you can ensure that all current and future medical costs related to the birth injury are taken into account when seeking compensation.
Medical expenses can also include the cost of medications, medical equipment, rehabilitation services, and even home modifications to accommodate the child's needs. A skilled birth injury lawyer understands how to calculate these expenses, and they will work so you can receive a fair settlement value for your losses. Can I Claim Compensation if these costs were caused by medical negligence? Speaking with a birth injury attorney can help clarify your eligibility and next steps.
Pain and Suffering
A birth injury claim may entitle you to pain and suffering damages as compensation. These damages compensate you for the physical and emotional distress and inconveniences caused by the birth injury.
For example, if your child suffered a brachial plexus injury during delivery, you may experience ongoing emotional trauma from witnessing their pain and suffering. The emotional distress of a birth injury can impact your daily life, relationships, and overall well-being.
By working with our experienced Michigan birth injury lawyers, you can seek the compensation you deserve for your pain and suffering. Our birth injury attorneys can use an evaluation from a mental health professional to establish emotional suffering, such as anxiety, depression, or trauma due to birth injury.
Loss of Enjoyment of Life
You may be entitled to receive loss of enjoyment of life damages in a birth injury. These damages aim to compensate for the non-economic impact that the birth injury has had on the child's quality of life.
Loss of enjoyment of life damages can comprise many factors, including the child’s inability to engage in hobbies, social activities, or even personal independence.
Imagine a child who, due to a preventable birth injury, cannot participate in activities that other children enjoy, such as playing sports, drawing, or simply running around with friends. The loss of innocence and freedom can profoundly affect the child and their family.
Our birth injury attorneys can use the following sources of evidence to prove loss of enjoyment of life damages:
- Medical records
- Professional testimony from a doctor who focuses on mental health
- A testimony from a family member or caregiver
- School and educational records
- Personal journals of your frustrations and emotional challenges
Lost Earnings
You may be entitled to compensation for lost earnings if you or your child sustains a birth injury. Imagine a scenario where a new parent, excited to return to work after parental leave, is suddenly faced with the reality of caring for a child with a birth injury.
The new reality of an injured child can disrupt their career plans, leading to a significant loss of income. The financial impact of caring for a child with a birth injury can be overwhelming. From medication to specialized care and therapy, these costs can shrink your disposable income.
Moreover, the time needed to attend medical appointments and care for the child may result in reduced working hours or even the need to take extended leaves of absence, further decreasing income.
Home Modifications
You may also be entitled to compensation for home modification expenses. These modifications aim to enhance the quality of life for the child and ensure their safety and comfort.
Examples of home modifications may include:
- Wheelchair ramps
- Handrails
- Widened doorways
- Adapted bathrooms
Compensation for home modifications can significantly improve the quality of life for your child by providing a conducive and inclusive space for development and independence. How Much Compensation Do You Get depends on the extent of the injury, the required changes, and the long-term impact on daily living.
Our skilled Michigan birth injury attorneys can prove the extent of the injury and support your compensation claim for these necessary home modifications.
Educational Expenses
You must also consider the educational expenses that may arise due to the child's injury. These expenses can be substantial and long-lasting, causing financial stress to affected families.
From specialized schooling programs to assistive technology devices, the financial burden of providing adequate education for a child with a birth injury can be overwhelming. Our experienced birth injury attorneys evaluate these educational expenses to ensure you receive the compensation you deserve. They will assess the child's current and future educational requirements and build a strong case to recover the costs of providing suitable educational support.
Punitive Damages
You may receive punitive damages and compensation for economic and non-economic damages. Punitive damages punish the party at fault for the injury and deter similar conduct in the future.
These damages target the negligent party’s misconduct or recklessness, rather than the victim’s losses, to deter similar conduct in the future.
To receive punitive damages in a birth injury claim, you must demonstrate that the healthcare provider's actions were intentional or showed a reckless disregard for the safety and well-being of the mother or baby.
Our birth injury attorneys can increase your chances of receiving punitive damages by presenting clear and convincing evidence. Negligence Lead To Birth Injuries when medical professionals fail to follow proper procedures or make critical errors during delivery, resulting in lasting harm to the child or mother.
Michigan Birth Injury Attorneys
Our birth injury lawyers at Michigan Injury Lawyers stand committed to guiding families through the devastating effects of a birth injury. With years of experience and deep knowledge of birth injury laws, we fight for justice and compensation for infants and parents whose lives are turned upside down by a birth injury.
Our birth Injury attorneys can support you if you sustain any of the following injuries:
- Cerebral Palsy: This neurological disorder can result from brain damage during childbirth, impacting movement and muscle coordination.
- Erb's Palsy: Also known as brachial plexus injury, this condition affects the nerves in the baby's shoulder, often due to difficult deliveries.
- Hypoxic-Ischemic Encephalopathy (HIE): Lack of oxygen to the baby's brain can lead to this serious condition, potentially causing long-term disabilities.
- Shoulder Dystocia: This birth injury occurs when the baby's shoulder gets stuck behind the mother's pubic bone during delivery, posing risks to both the baby and the mother.
- Fractures: Excessive force during delivery can cause broken bones during labor.
- Facial Paralysis: Damage to facial nerves during birth can result in temporary or permanent paralysis of facial muscles, affecting the baby's ability to smile or close their eyes.
Our birth injury lawyers use medical records and professional reports to prove the extent of your injury and support your compensation claim.
Fighting the Insurance Company
In most cases, the at-fault party's insurer is the source of compensation for the birth injury victim. Unfortunately, you’ll likely face an insurance adjuster who works to minimize financial liability or reject claims.
Here’s how our birth injury attorneys can level the playing field when dealing with insurers:
Negotiating Fair Settlements
Our birth injury attorneys have extensive experience in negotiating with insurance companies. They understand the tactics they use to undervalue claims and are skilled at advocating for fair settlements on behalf of our clients. A Birth Injury Claim involves gathering strong medical evidence, calculating long-term costs, and pushing back against low settlement offers to secure the compensation your family deserves.
They will work tirelessly to ensure that you are not taken advantage of and that you receive the full compensation you are entitled to for your child's birth injury.
Thorough Investigation of Your Birth Injury
Our birth injury attorneys can protect your interests by conducting a thorough investigation into the circumstances surrounding the birth injury. They will also gather evidence, interview witnesses, consult with medical professionals, and analyze medical records to build a strong case on your behalf.
They will also present a compelling case supported by clear evidence and challenge the insurance company's attempts to deny or reduce your claim. Insurance Company’s Offer may seem final, but our attorneys know how to push back and negotiate for what you truly deserve.
Litigating When Necessary
The insurance company may sometimes reject your claim, make a low settlement offer, or deny liability. Our birth injury lawyers are prepared to take the case to court and litigate on your behalf.
They will represent you in legal proceedings, make compelling arguments before a judge and jury, and fight for your rights to fair compensation.
What to Do After a Birth Injury
Your actions after a birth injury can enhance your wellness and protect your legal rights.
Here’s what you can do after a birth injury:
Seek Immediate Medical Attention
You should seek immediate medical attention if you or your child has sustained a birth injury.
Here’s why prompt medical attention can help:
- Timely Diagnosis: Quick medical intervention post-birth injury enables healthcare providers to accurately diagnose the extent of the damage and promptly devise a treatment plan. Delaying medical attention can worsen the injury and hinder effective treatment.
- Prevent Complications: Prompt medical care can help prevent potential complications from untreated birth injuries. Addressing issues early on significantly reduces the risk of long-term health consequences and the cost of treatment.
- Legal Documentation: Seeking immediate medical attention establishes a paper trail of the injury, treatment provided, and its consequences. Our birth injury attorneys can use medical records to prove your birth injury.
The at-fault party's insurer may also question the severity of your injury if you delay seeking medical attention.
Consult Our Birth Injury Lawyers
You should always speak with a legal professional after sustaining a birth injury due to someone else’s negligence. So many things can go wrong if you approach the aftermath of a birth injury without legal support.
Our birth injury attorneys can establish the value of your losses to minimize the chances of accepting a low settlement offer. Further, our birth injury lawyers understand the timelines and deadlines applicable to your case.
For instance, the statute of limitations for medical negligence in Michigan requires injured victims to file the claim within two years from the incident or six months from the date the patient discovered or should have discovered the injury.
There is also a six-year absolute limit, meaning you cannot file a claim six years after the date of negligence. Our birth injury attorneys will work hard to protect your interests within the legal timelines.
Secure Justice and Compensation With Trusted Legal Support
Your family is likely to endure financial strain after a birth injury. As a parent, you may need to take extended time off work or quit your job to care for the child, leading to lost income or reduced earning capacity.
Although you may be entitled to compensation, you may face resistance from the negligent party's attorney. Our birth injury attorneys at Michigan Injury Lawyers understand the challenges of pursuing compensation and will work hard to secure a fair settlement value. You can count on our birth injury lawyers to handle the legal aspects as you focus on recovery.
Contact us at (313) 438-4357 for a free case evaluation.