If your child is born with a birth injury, it’s sometimes possible to recover compensation from any liable parties. Meet with a birth injury lawyer in Orland Park, and they can review the specifics of your situation. Based on these, your attorney can help you file a claim or lawsuit against any responsible parties.
The Postman Law team has served more than 1.4 million clients, including the parents and guardians of children who are dealing with birth injuries.
We encourage you to talk with a personal injury lawyer in Orland Park about your birth injury case. From here, we can detail your legal options. Contact us today to get started.
Why File a Birth Injury Claim in Orland Park, Illinois
Seek legal help if you had to deal with medical negligence during childbirth or other issues that resulted in a serious birth injury to your child. A birth injury attorney in Orland Park can determine your eligibility for filing a claim. If you proceed with this option, you can recover compensation for injury-related losses from a liable party’s insurance company.
Your claim is an opportunity to hold a responsible party accountable for their negligence. Along with this, you can receive compensatory damages that can be used to help you care for your child’s birth injury now and in the future.
At Postman Law, we don’t just fight; we deliver. Our personal injury attorneys are committed to helping those interested in filing birth injury claims. In your case, we will work diligently to get you case results that match your expectations. To learn more, request a free case review.
For a free legal consultation with a birth injury lawyer serving Orland Park, call 844-767-8626
Problems That Can Come Up After You File an Insurance Claim for a Birth Injury
Ultimately, how long it takes to get a settlement check from an insurance claim depends on the circumstances of your case. In some instances, an insurance company will dispute a birth injury claim. Or, an insurer can contest a birth injury claim’s value and offer a settlement that covers only a portion of the losses you’ve incurred.
Your Orland Park birth injury lawyer will account for Illinois personal injury law relative to your case. They can go back and forth with a liable party’s insurance company in the hopes of getting you a fair birth injury settlement. Of course, if you don’t get a reasonable settlement offer, your lawyer has no issue with taking your case to trial.
Per 735 Illinois Compiled Statutes (ILCS) 5/13-212(b), in certain cases, minors under 18 at the time of an incident that led to a birth injury have up to eight years to sue, but the absolute cutoff is at age 22. Your lawyer can explain the statute of limitations that applies to your birth injury case.
Orland Park Birth Injury Lawyer Near Me 844-767-8626
What a Birth Injury Case Is Worth
Your personal injury attorney wants you to recover economic and non-economic damages. They can assess your losses and estimate your case’s potential value. Below are various types of damages in your birth injury case:
- Medical bills, including the costs of past and future hospital stays, surgeries, and medications
- The costs of wheelchairs, braces, walkers, and other assistive devices
- Lost wages if a parent has to stop working to become a full-time caregiver
- Pain and suffering from a birth injury
- Loss of enjoyment of life
Medical records, staffing and electronic record logs, and other evidence can make a difference in your case. Your lawyer will search extensively for proof to use in their argument. If your attorney has relevant proof, they are well-equipped to prove that a liable party should have to cover your losses.
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Who Can Be Liable for a Birth Injury
One or more parties can be held responsible for birth injuries. Personal injury attorneys can investigate your case to identify who is at fault. Examples of parties named as defendants in birth injury lawsuits include:
- Doctors
- Nurses
- Anesthesiologists
- Midwives
- Hospitals
Regardless of who is to blame for a birth injury, your lawyer can prepare an argument centered on negligence. They want to show a judge or jury that an at-fault party acted negligently and caused birth injuries that have resulted in damages.
How to Prove Negligence in a Birth Injury Case
It can be difficult to illustrate to a judge or jury why damages should be awarded for a birth injury. Your attorney can gather evidence from a wide range of sources, since doing so can strengthen their argument. In addition, they can develop an argument designed to prove negligence.
If your attorney argues your case in court, they want to illustrate to a judge or jury that the defendant committed a careless or reckless act. They can explain to the court that the defendant’s actions represent a violation of a duty of care and that they have led to quantifiable and subjective losses.
Your lawyer will treat your case as if it will be presented in court. At the same time, they will remain open to settlement negotiations. Ideally, a liable party or their insurance company will offer a settlement that provides adequate compensation. Yet, if a trial is necessary, your lawyer is ready to describe to a judge or jury why your damages request is warranted.
Who Can File a Birth Injury Lawsuit
A parent or guardian can often pursue compensation on behalf of a child who has suffered a birth injury. Meanwhile, a minor who was injured at birth can file a lawsuit against any liable parties once they reach adulthood, as long as this is done within a specific time frame.
In some cases, if a newborn or mother passes away during childbirth due to medical negligence, the personal representative of the estate of the deceased person (decedent) can file a wrongful death action for members of the surviving family.
Birth injury lawyers can evaluate your situation and explain whether you are eligible to move forward with a lawsuit. If you request compensation from anyone liable for a birth injury, your lawyer will guide you through the legal process and help you overcome challenges at each stage.
Trust Us to Handle Your Birth Injury Case
Allow an Orland Park birth injury attorney from Postman Law to serve as your legal advocate and representative. We will work hard to make the legal process stress-free and successful. For more information, schedule a free case review.