If you’ve got medical bills to pay and you’re missing work after your baby’s birth injury, you may be wondering how long you’ll have to wait to get much-needed compensation. Some cases can be settled in as little as six months, while others can take as long as two years to reach a settlement or go to trial.
How long your case takes will depend on a number of factors. For example, if you are seeking damages for medical expenses related to Erb’s palsy that has already resolved, it may take less time than a suit that is seeking compensation for a permanent disability that will require a lifetime of care. Some other factors that can influence how long a case takes include:
- Whether or not you can access your medical records
- The number of expert witnesses that need to be consulted
- The extent of the damages you are claiming
- The jurisdiction of the court where you are filing
If you are a parent who is considering filing a birth injury lawsuit on your child’s behalf, visit here to get legal help. Although these cases can vary greatly in length, most follow the same steps. Keep reading to learn more about what you can expect from the process.
How a Case Is Filed
Your attorney will collect your child’s medical records. They will also contact any expert witnesses that can strengthen your case. Once your lawyer has the evidence they’ll need to prove that your child’s injury could have been prevented and that it caused your damages, they will file a claim with the courts. The defendants will then have 30 days to answer your claim.
About the Statute of Limitations
The statute of limitations is the time period in which you must file your case. This varies from state to state. In some states, you will have one year from the time you should have reasonably discovered your child’s injury to file. In other states, you may have ten years from the time the injury occurred. There are some states that give a much longer deadline in cases where the child is disabled.
Once the statute of limitations has run out, you will not be able to file a lawsuit. It is in your best interest to get your case started as quickly as possible.
How Settlement Negotiations Work
Once active litigation has started, you’ll enter into the discovery process. Your lawyer and the defendants’ lawyers will exchange documents and attempt to reach a settlement. Typically you will go into mediation first, and if that doesn’t work you’ll have a pretrial settlement hearing before a judge. In many cases, negotiations will be successful and a fair settlement can be reached. This, however, is not always the case.
What Happens When You Can’t Settle
Some defendants will deny your case and refuse to settle. Other times their insurance may be willing to settle, but they won’t offer you adequate compensation. When you fail to reach a settlement with the defendants’ insurance, a trial will be scheduled. During this trial, either a judge or a jury will hear your case. They will then decide whether the burden of proof has been met.
A birth injury lawsuit settlement can help you recover expenses like medical bills, physical therapy, caretakers, and special education. Parents may also be awarded damages for their pain and suffering.
In addition, once the responsible parties are held accountable, they will be forced to take measures in the future to prevent the same mistake from happening again. Your lawsuit could help keep other children safe in the future.