The objective of a medical malpractice claim is for the plaintiff to hold the defendant accountable for their failure to meet the standard of care that applied in the medical situation and to secure compensation for their damages. When you have an experienced Riverside birth injury attorney representing you, they can help identify the various forms of compensation you could win from a successful claim, such as:
- Medical expenses. If the defendant caused an injury that necessitated corrective care, or if the victim faces long-term or permanent medical complications due to the birth injury, the defendant is liable for all medical expenses the plaintiff incurred because of their actions. Permanently disabled children may require lifelong medical care far beyond what their family could afford on their own, and it is possible for a successful medical malpractice case to yield compensation for these future damages.
- Lost wages. If a birth injury is severe and a parent must leave their job to care for an injured child, or if the victim was so severely hurt that they will be unable to work in the future, it is possible to hold the defendant accountable for lost income and lost future earning potential.
- Pain and suffering. Many birth injuries cause permanent harm and severe trauma to the family. Unfortunately, state law currently limits pain and suffering compensation in medical malpractice cases to $350,000. Your Riverside birth injury attorney can help maximize the compensation you secure for your non-economic damages.
If a child develops cerebral palsy or some other permanent medical condition during childbirth, their family could face a host of economic losses in the form of ongoing medical care, diminished income, and the cost of in-home medical treatment the child may require in the future. While your non-economic damages in a medical malpractice case may be limited by state law, you have the right to seek full repayment of immediate and future economic losses, and you could be entitled to recover more than you might initially expect.
When you choose Easton & Easton to represent your case, our goal is to help maximize your case award in the most efficient manner possible. Our team can guide you through the procedural requirements of your case, such as serving the defendant with advance notice of your intent to file a claim and securing expert witness testimony if necessary to prove the defendant breached the standard of care in the situation.
We generally seek to settle clients’ cases whenever possible, but if settlement is not a viable option for resolving your case, you can rely on our firm to represent you in court. The attorneys at Easton & Easton have the professional resources, skills, and experience required to handle the most challenging birth injury claims in Riverside, and we’re ready to help you navigate your impending case with confidence.
Q: How Much Is a Birth Injury Claim Worth in Riverside?
A: A birth injury claim is a type of personal injury suit filed under the state’s medical malpractice laws, and it is natural for any plaintiff to wonder how much they could potentially win in compensation if they succeed with their case. California’s medical malpractice laws allow a plaintiff to claim full repayment of all economic losses they suffered. Because most birth injuries result in long-term or lifelong medical complications for the victim, this could amount to a sizeable award for their economic damages. However, state law limits compensation for pain and suffering in medical malpractice claims to $350,000 as of January 1, 2023.
Q: Why Should I Hire an Attorney for a Birth Injury Claim in Riverside?
A: Even if the fault for your birth injury is perfectly clear to you, and you believe you have a firm understanding of the damages you suffered, you should not assume that you can handle your case on your own. Medical malpractice claims are more complex than standard personal injury cases, and most birth injuries qualify as catastrophic personal injuries due to the extent of their long-term effects. Having a Riverside birth injury attorney handling your case allows you to approach the case with greater confidence and a greater chance of maximizing your recovery in an efficient manner.
Q: How Long Do I Have to File a Birth Injury Claim?
A: If you intend to pursue a medical malpractice claim for a birth injury in Riverside, you must meet the state’s three-year statute of limitations for medical malpractice cases. Alternatively, if the effects of medical malpractice are not immediately apparent, the statute of limitations may be one year from the date you discover the harm done by the defendant. For example, if your child suffered an injury during childbirth, but they do not display noticeable symptoms for several months to a year, it’s important to consult a Riverside birth injury attorney as soon as possible to determine which statute of limitations would apply to your case.
Q: How Long Does It Take to Settle a Birth Injury Claim in Riverside?
A: Medical malpractice cases are complex and less likely to end in settlement than most other personal injury claims. However, with the right attorney handling your case, it is possible to settle a birth injury claim within a few weeks of filing. As long as the defendant accepts liability for the injury, it is in their best interest to seek a swift settlement to reduce their legal expenses. However, if settlement is not a viable option for resolving your case, you must prepare for extensive litigation, and this can take several months or more than a year to resolve.
Q: What Will It Cost to Hire a Riverside Birth Injury Attorney?
A: If you are already struggling with the economic impact of your birth injury, it is natural to worry about facing additional expenses in the form of your attorneys’ fees. However, The attorneys at Easton & Easton accept medical malpractice claims on a contingency fee basis. This means our client is only required to pay our firm a fee after we win their case, and their fee is a percentage of the total amount of compensation we recover on their behalf. If we are unable to secure compensation for your damages, you owe nothing in attorneys’ fees, so there is no risk to you by choosing our firm to represent your case.
The attorneys at Easton & Easton have successfully represented many medical malpractice cases in Riverside, including those pertaining to childbirth injuries. If you are struggling with the effects of a birth injury a medical professional inflicted in Riverside, you need legal counsel you can trust to guide you through the proceedings ahead of you. Contact us today to schedule your consultation with a Riverside birth injury attorney and learn more about the legal services we provide.