California Birth Injury Lawyer
California Birth Injury Attorney
Childbirth should be a cause for celebration, but an unexpected birth injury can turn this into a tragic experience for any family. If you have recently experienced any type of birth injury, it is natural to have lots of pressing legal questions about how to hold the responsible party accountable for the harm they have done. A California birth injury lawyer is an essential resource for anyone in this difficult situation.
Compassionate Legal Counsel for Birth Injury Claims Throughout California
Easton & Easton has decades of professional experience representing clients throughout California in all kinds of difficult personal injury cases, including those that fall within the extent of medical malpractice law. These are inherently difficult cases due to the specific rules and additional requirements applied to medical malpractice cases, but our team is confident in our ability to provide effective legal counsel in the most challenging birth injury cases.
When you choose our firm to represent you, we can help you gather the evidence needed to establish liability for the birth injury. We can also explain the rules for filing medical malpractice claims that do not apply to most other personal injury cases, including the restrictions on claiming certain types of damages. Trust our team to be ready to respond to any unexpected challenges that arise as your case unfolds.
Common Types of Birth Injuries
A birth injury is any type of injury that affects a baby and/or the baby’s mother before or during childbirth. These injuries can occur in many ways, and when they happen because of a medical professional’s negligence, it can form the basis of a medical malpractice suit. Some of the most commonly cited causes of birth injuries throughout California include:
- Failure to monitor patient vital signs.
- Failure to recognize signs of fetal distress.
- Failure to recognize the need for a C-section procedure.
- Failure to account for the mother’s drug allergies or other medical conditions.
- Misuse of surgical instruments such as forceps.
- Excessive force during extraction of the baby from the birth canal.
- Failure to provide appropriate follow-up care.
These are just a few ways a birth injury might occur. Infants might suffer brain damage from oxygen deprivation, resulting in lifelong cerebral palsy, or they may suffer physical injuries to the soft tissues around the neck, shoulders, or collarbone. It is also possible for negligence during childbirth to result in brain hemorrhaging and other life-threatening medical complications. If an attending medical professional causes any such harm from negligence, it is medical malpractice.
Filing Your Medical Malpractice Claim for a Birth Injury
A medical malpractice claim is a type of personal injury claim, but there are special rules in California for filing this type of claim. First, the plaintiff must ensure their case meets the legal definition of medical malpractice, which is any type of negligence from a medical professional that results in harm to their patient. Your California personal injury lawyer can help you determine what evidence you will need in order to establish this in your case.
A successful medical malpractice claim in California will also require expert witness testimony. The plaintiff will need to find an expert witness in the medical field who holds the same medical board certifications as the defendant. This individual can provide a sworn statement explaining how the defendant breached the standard of care for their patient and how their negligence resulted in the birth injury.
The plaintiff must also be prepared to show the full extent of the damages they suffered because of the defendant’s negligence. A birth injury case is likely to entail damages that may not have completely manifested immediately, and an affected child is likely to face long-term or even lifelong medical complications due to a birth injury. It’s vital to work with a California birth injury lawyer you trust to accurately assess the full value of your claim.
Recovering Compensation for a Birth Injury in California
The objective of any personal injury claim in California is for the victim to recover compensation for the damages the defendant inflicted with their negligence or misconduct. Just like in most other personal injury cases, the plaintiff has the right to seek compensation for economic and non-economic damages they suffered due to the defendant’s actions. Your California birth injury lawyer will be instrumental in calculating these damages.
Economic damages in a birth injury case are likely to focus on medical expenses for treating the injury. If a child is permanently disabled because of the defendant’s negligence, the defendant would not only be liable for the immediate cost of treating their injury but also the future medical care the child will require, potentially for life. Additionally, if a parent is unable to work due to a birth injury, they can seek compensation for lost income and lost earning potential.
It is also possible for a plaintiff in a birth injury case to claim compensation for pain and suffering. However, California law limits pain and suffering compensation in medical malpractice cases. Your California birth injury lawyer can explain this cap on non-economic damages and will do everything they can to maximize this aspect of your recovery. Recently, the cap on non-economic damages for medical malpractice increased in California.
What to Expect From Your California Birth Injury Lawyer
Easton & Easton understands the emotional strain that a birth injury can cause for any family, and our goal is to help you navigate this difficult case with confidence and peace of mind. You can rely on our team to gather the foundational evidence you will need to hold a defendant accountable for the birth injury they inflicted. Our team will also help you meet all of the statutory requirements for filing this type of case in California.
Our goal for every client is optimal recovery in the shortest possible time frame. You can rely on our firm to represent you in settlement negotiations with the defendant, but if litigation is necessary to resolve your case, we are fully prepared to defend your interests in the courtroom. You have a limited time in which to build and file your case, so it is vital to reach out to an experienced California birth injury lawyer right away if you believe you have grounds for a case.
FAQs
How Do You File a Medical Malpractice Claim for a Birth Injury in California?
Filing a medical malpractice claim for a birth injury in California will require expert witness testimony from a medical professional who holds the same medical board certifications as the defendant. They must explain how the defendant breached the standard of care in the situation and caused the birth injury. Additionally, the plaintiff must send advance notice of their intent to file suit at least 90 days prior to filing their case with the court.
How Much Compensation Can I Claim for a Birth Injury in California?
The amount of compensation you can claim for a birth injury in California will depend on the severity of the injury. Like in most other personal injury cases, you have the right to claim compensation for all of your economic damages. However, while you may still claim compensation for pain and suffering, state law limits this type of compensation in medical malpractice cases. Your attorney can help you maximize your case award.
How Long Does It Take to Resolve a Birth Injury Claim in California?
The time it could take to resolve a birth injury claim in California will depend on the specific details of your case. It is possible for some medical malpractice suits to be resolved privately through settlement negotiations, and this may take weeks or a few months. Litigation, on the other hand, is a lengthy process that can take several months or even longer than one year to complete in some cases.
Why Do I Need a California Birth Injury Lawyer?
You need a California birth injury lawyer because this is one of the most inherently challenging types of personal injury cases you might need to file in California. The right attorney can help you meet all of the statutory requirements for filing a medical malpractice case, accurately assess the full extent of your claimable damages, and assist you with resolving your case more quickly than you may have initially expected.
What Are Attorneys’ Fees for a California Birth Injury Lawyer?
Attorneys’ fees for a California birth injury lawyer will amount to a percentage of your total case award when you choose Easton & Easton to represent your case. Our firm takes all personal injury cases and medical malpractice cases on a contingency fee basis, meaning we only charge our client a fee if and when we win their case. Additionally, this fee will be a percentage of their total case award, so there is no risk of legal fees overtaking our client’s recovery.
Easton & Easton has successfully helped many clients throughout California with all types of medical malpractice cases, including birth injury claims. If you are unsure how to approach this case and need help from an experienced attorney you trust, we are ready to assist you. Contact our team today to schedule a consultation with an experienced California birth injury lawyer and learn more about the legal services we provide.
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The superior client service Easton & Easton provides has earned the firm an A+ rating from the Better Business Bureau.
Easton & Easton is honored to have been chosen anew each year since 2014 by U.S. News & World Report and Best Lawyers as one of the "Best Law Firms" for the Southern California Metro Area.
Easton & Easton is honored to have been chosen by the LA Times Reader's Choice Poll as "The Best Personal Injury Law Firm in Orange County" for 2018.
Doug and Brian Easton have been selected as Top 100 Trial Lawyers for California each year since 2014 — honors given to less than 1% of attorneys.
Doug and Matt Easton have each been chosen as one of The Best Lawyers in America for Plaintiff's Personal Injury Litigation. Best Lawyers lists attorneys who have earned selection through exemplary legal work that attracts the notice of their colleagues. Lawyers cannot buy their way onto this list.
Brian and Matt Easton were recently honored for their efforts in securing a $1,850,000 verdict for a client in 2016, which was selected as one of the Top 50 Personal Injury Verdicts in California by TopVerdict.com.
Doug and Brian have each been selected by Super Lawyers, an honor given to less than 5% of attorneys. Matt Easton has been selected among Super Lawyers' Up-and-Coming Top 25 in Orange County and Top 100 in Southern Califonia, an honor given to less than 1% of attorneys under 40 years old.
Easton & Easton is honored to have been chosen as one of the "10 Best Personal Injury Law Firms” in all of Southern California" each year Since 2015 based on client satisfaction — one of the highest honors we could ever hope to achieve.
Easton & Easton received the “People Love Us On Yelp” award in 2016 due to the exceptional client satisfaction reviews given by our clients over the years.
Doug and Matt Easton have each been featured as Premier 100 Trial Attorneys for California since 2015 — honors given to less than 1% of attorneys.
Brian and Matt Easton have each earned lifetime appointment to the Multi-Million Dollar Advocates Forum — The Top Trial Lawyers in AmericaTM through the results achieved for their clients. This is an honor given to less than 1% of attorneys in the United States.
Doug Easton has held the “AV Preeminent” Rating for over 30 years and Matt Easton received this prestigious distinction in 2015. The "AV Preeminent" rating is the highest possible rating for both legal ability and ethical standards, and is based on the legal profession’s oldest peer review rating system, dating back to 1887.
Doug, Brian, and Matt Easton have all been chosen as one of the "10 Best" Personal Injury Attorneys in Southern California each year since 2015 based on client satisfaction, an honor given to less than 1% of personal injury attorneys - and Easton & Easton houses three of them.
Brian Easton was selected to the American Board of Trial Advocates (ABOTA) in 2015. ABOTA is one of the most premier associations of trial attorneys and judges, requiring a certain number of jury trials as lead counsel and approval by a majority vote of the ABOTA board.
Matt Easton has been selected each year since 2014 as one of the Top 40 Trial Lawyers Under 40 for California by The National Trial Lawyers — an honor given to less than 1% of attorneys.
Doug and Matt Easton have each been chosen as one of The Best Lawyers in America for Plaintiff's Personal Injury Litigation. Best Lawyers lists attorneys who have earned selection through exemplary legal work that attracts the notice of their colleagues. Lawyers cannot buy their way onto this list.
Both Doug and Matt Easton have been selected as Top Personal Injury Attorneys by Avvo with scores of 10 out of 10 based on their skill, experience, results, peer evaluations, and client reviews.
Matt Easton has been selected as one of the Top 10 Personal Injury Attorneys Under 40 in California for 2015 by the National Association of Personal Injury Attorneys — an honor given to less than 1% of personal injury attorneys under the age of 40.
Doug, Brian, and Matt Easton have all been selected by the National Association of Distinguished Counsel among the Nation's Top One Percent of Attorneys each year since 2017.
“We look for the human story behind every injury or wrongful death. We prepare our cases for trial; reaching out to the jury with the most compelling evidence possible for the best verdict possible. Insurance companies know this and come to the table prepared to negotiate in good faith. Call us to see how we can turn your story into fair compensation.”
Partner W. Douglas Easton
What Our Clients Say
Coming out of my first auto accident as an adult, a very difficult and scary time to navigate and understand, I was so incredibly thankful to have been put in contact with Easton & Easton. I honestly was lost with how to handle paperwork, doctors, medical costs and what next steps were, and from the moment I spoke with Travis Easton and my case manager Katie, my mind was put at ease. They have made the entire process stress free for me as I recovered, and I am so grateful for them and their genuine care for my case. Communication from the start has been fantastic, especially making clear what my expectations for the entire process would look like, and I truly believe they have my best interest at heart. 100% I would recommend their firm for anyone that is needing representation! Read more…
My experience with Easton & Easton has been amazing! Gabriel Mendoza and my case manager Katie have been so helpful and taken so much stress off my plate. They’ve been super informative and honest and given me very clear expectations. They’ve taken such a terrible experience (my accident) and eased my mind about the outcome. I can’t thank them enough!! Read more…
Ive used them twice and never been disappointed. Read more…
The Easton & Easton Law Firm is amazing! The entire team is very helpful and caring. They were always there to answer all my questions. They directed me through the entire process and stayed with me every step of the way. This team is outstanding and were wonderful to work with. Because of the tremendous effort they put on my case they were able to win my difficult personal injury case. I couldn’t have asked for a better law firm to handle my case. They are the Best! Thank you for your patience, professionalism, & guidance! I definitely recommend this firm to handle your case. They go out of their way to fight for your rights. THANK YOU… Read more…
I could not be more pleased with the services provided by the Law Offices of W. Douglas Easton. The senior partner Mr. Easton took the time to meet with me and my wife while I was still in the hospital, where he gave my family hope that there was light at the end of a very long, and very dark tunnel. Matt Easton then worked my case, and because of his dedication, experience and expertise I received a settlement that was larger than I EVER thought possible. It was truly astounding! Matt and the entire team at Easton & Easton looked out for me throughout my recovery, and in the end they gave me my life back. Five stars is not enough. Thanks Matt! Thanks Easton & Easton! Read more…
Brian and everyone at Easton and Easton are simply the BEST at what they do. Brian is thorough, easy to talk to, and truly cares about his clients. If you want a family of attorneys with perseverance and determination to fight for you, give Easton and Easton a call. I am glad I did. Read more…
What an amazing law firm, talk about going above and beyond to make such a painful experience go so well. I have referred a co-worker and a family member to them as well and everyone had such a great experience as I had. Read more…
I can’t say enough amazing things about my experience with Travis Easton at Easton & Easton. Travis and his entire team (Katie, Amy, Dee, Michelle, & Araceli) are phenomenal. It provided me a lot of comfort to know I was being so well taken care of. I was especially impressed that every document for the case was perfectly written and specific to me. Nothing was generic, which shows the level of care and attention they put into each individual case. I had such a great experience and would highly recommend Travis Easton and his firm to anyone going through a personal injury. Travis took a bad situation and made the best of it for me. Thank you again, I’m forever grateful!!
-Allee
Retaining Easton and Easton was one of the best decisions I’ve ever made! From the initial consultation to our final meeting, they were nothing short of exceptional. I was forced to retain their services after firing my previous attorney for not handling the case properly. I dealt with Gabriel and Brian (partner) exclusively throughout the case. They did as promised and were great communicators throughout the entire process. I will recommend them to anyone I know going through a personal injury case. They were ultimately able to untangle the mess caused by my previous lawyer and get a result that I was extremely happy with. Their staff is exceptional as well and provided top notch customer service. Amera was also extremely helpful and easy to deal with as well.
I was in a pretty bad car accident and decided to have Easton & Easton represent me, Travis Easton to be specific. Travis Easton and his paralegal made the whole process effortless. They were so understanding and helpful! The entire thing was a gigantic mess, yet Travis managed to make it run like clockwork. I would HIGHLY recommend Easton & Easton! If you are ever in need of a personal defense attorney Easton & Easton is the firm to represent you!
They are the best law firm in Orange County period. Choosing them to represent me was the best decision of my life.
My life changed in a matter of seconds after a catastrophic spinal cord injury that left me disabled. Brian Easton and his team worked on my case non stop for 3 years and provided me the justice I deserved. I couldn’t have been more content.
I was treated with utmost respect and I felt like I was being represented by a close family member. The responses to my questions were quick and clear. What E & E has done for me is phenomenal.
My sincere thanks to Brian, Matt, Travis, Doug, Gabriel and Amera. They are what they are because of their dedication to provide high quality and professional service to their clients.
Brian Easton and his team, Gabe Mendoza and Amera Hajali, helped me during a very difficult time in my life. I had a significant injury from a car accident, and wound up seeking out Easton & Easton when I was having difficulties getting help from my doctors. The Easton team took a lot of stress off of me while acting as my advocates to help me get the care I needed, and saw my case all the way through to a healthy settlement.
They are the BEST!
I have nothing but good things to say about Easton and Easton. Brian handled my case professionally and communicated with me effectively throughout the process. He made sure that the process was effortless and as hands free as possible. This was super important for my busy schedule. I highly recommend Easton and Easton if you are ever found in a situation that you need an attorney.
I would highly recommend Easton & Easton.
I was rear ended on my home and pushed into a semi-truck. I was not sure how to go about even using an attorney.
Brian, Gab and Amera were so good about helping me thru the process and representing me.
I was able to concentrate on getting myself better knowing they had my back, taking care of the details and keeping me informed along the way
The best Law firm by far. I would highly recommend Easton & Easton, LLP and ask for Gabriel Mendoza and staff. He and his colleagues did and exceptional service. Thank you for everything. Job well done!
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