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Birth Injury Lawsuits


December 28, 2021

Birth injury lawsuits are a legal action filed in the court system that can help parents who have a child suffering from Erb's palsy, cerebral palsy, or another birth injury obtain financial compensation.  Birth injury lawsuits are usually filed against the physicians, nurses, or other medical professionals who are responsible for a child's injuries before, during, or after the birthing process. Our birth injury attorneys file cases and work to recover monetary compensation to cover the costs of a child's treatment.

Why Should You File a Birth Injury Lawsuit?

The primary goal for filing a birth injury lawsuit is to recover economic compensation to pay for birth injury treatment expenses.  The medical costs for a child with severe birth injuries will put a significant financial hardship on a family.  For example, medical expenses for a child with cerebral palsy are 10-26 times higher than those without cerebral palsy, according to the Centers for Disease Control and Prevention (CDC).

A successful lawsuit awards families monetary compensation to pay for:

  • Home modifications and equipment
  • Emotional damages 
  • Medical costs (including all past, present, and future medical expenses)
  • Physical therapy.
  • Other medical-related expenses.

These monetary benefits may improve a disabled child's quality of life.  Birth injury medical therapies are typically very expensive, and monetary compensation can help to ease the economic burden.

A birth injury attorney can help map out the projected costs of your child's medical care needs through what is called a "life care plan." If a lawsuit is successful, a family could be awarded monetary compensation to cover these medical expenses. 

When Should You File Your Birth Injury Lawsuit?

It is important to file a birth injury lawsuit as quickly as possible.  Certain states require an affidavit from a medical professional before you are able to take legal action.  Also, you will need to collect evidence demonstrating how a doctor caused your child's injuries.  Lastly, all states have statutes of limitations.  The statute of limitations restricts the amount of time you have to file your lawsuit.  The statute of limitations varies from state to state and there are often other timed deadlines that can shorten or extend statutes.  

Types of Birth Injury Lawsuits

Birth injury lawsuits usually fall into one of two separate categories - wrongful death lawsuits and medical malpractice lawsuits.

If a child sustained severe injuries that will affect their quality of life, generally a medical malpractice lawsuit against the doctor or medical professionals who caused the injuries is necessary.  When the injuries tragically cause a child's death, attorneys may file a wrongful death lawsuit depending on the facts of a particular incident. 

We Help People Who Have Been Injured or Lost Loved Ones in Any Type of Motor Vehicle Accident Caused By Another

If a member of your family has been harmed by any type of birth injury trauma, contact Montlick Injury Attorneys as soon as possible. The time to file your accident claim is limited by state law. Our experienced accident attorneys will fight for the financial compensation your case deserves. No matter where you are located, our attorneys are just a phone call away, and we will even come to you. 

We Know What It Takes To Win!™ 

If you have been injured or lost a family member due to an accident, contact Montlick & Associates, Injury Attorneys, for your free consultation today. Our law firm has been representing those who suffer serious injuries or lost a loved one in an accident for over 38 years.  Our trial attorneys have recovered billions of dollars for our personal injury clients through negotiated settlements, litigation/lawsuits, settlement of lawsuits, jury verdicts, mediation, and arbitration awards.

Please visit our read Montlick & Associates reviews to see what our clients have to say about our commitment to exceptional service.

No matter where you are located, our attorneys are just a phone call away, and we will even come to you. Call us nationwide 24 hours day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333), or simply dial #WIN (#946) from your mobile phone. You can also visit us online at Montlick.com and use our Free Case Evaluation Form or Free 24-hour live chat.

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Montlick & Associates, Attorneys at Law

Address: 17 Executive Park Dr NE
Atlanta, GA 30329, United States
Hours: Open 24 hours
Phone: (404) 529-6333
Toll Free: (800) 529-6333

RMH6+38 Atlanta, Georgia, USA

What Is a Birth Injury Lawsuit?


Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.