Posted on December 13, 2012 in Personal Injury
No one wants to consider the possibility that their child may be injured at birth, but the unfortunate reality is that thousands of children and mothers are injured every year, many times because of mistakes that could have been prevented. Whether you’re preparing for the birth of your first child or already have children, it pays to be informed about your rights and your options.
Here are the top three things you should know about birth injuries:
1. There is a 2-year statute of limitations, but it doesn’t start until the child turns 18. Unfortunately for some parents, the extent of their child’s injuries doesn’t become clear until well into childhood or even teenage years. Many of these parents believe that this is far too late to pursue justice for injuries done to their child during birth, but in fact, the 2-year limit does not begin until the child’s 18th birthday, so birth injury cases can be effectively pursued up until the child turns 20 years old.
2. You don’t have to be wealthy to get the best lawyers. In fact, many law firms, including Ross Feller Casey, work on a contingency basis, which means you don’t pay a dime unless they win your case. Not only does this allow you to get the help you need regardless of income, but it also ensures they’ll be working hard to make sure you win.
3. You only get one chance in a lawsuit to recover money for your child’s injuries. The amounts of money awarded for catastrophic birth injuries may seem high, but it’s important to remember that these damages will have to cover all costs relating to the injury for the rest of the child’s life. Many times, a child needs full-time, in-home care and costly medical equipment. Plus, even if physical needs are covered, payment for those requirements cannot heal their injury or take away the emotional trauma experienced by the child and their family.
As harsh as it may sound, it is safest not to trust that a medical facility or professional who has made a mistake will own up to that mistake and offer fair compensation. In addition, insurance companies may offer you settlement sums that are much lower than you deserve. It’s up to you to initiate an investigation, and a good attorney can help you do so effectively in order to uncover the true culprit behind your child’s injury and obtain the compensation that your child deserves.