San Bernardino Birth Injury Lawyer
San Bernardino Birth Injury Attorney
Welcoming a new child into the world should be a cause for celebration for any family, but the unfortunate reality is that thousands of birth injuries occur throughout the United States each year due to the negligence and professional misconduct of medical professionals in various healthcare organizations. Under California’s personal injury laws, when one party harms another, it can form the foundation of a civil suit for damages, but filing a personal injury claim against a medical professional is a special type of case that unfolds under medical malpractice law.
Compassionate Legal Representation for Birth Injury Claims in San Bernardino, CA
A birth injury can not only entail substantial economic losses for the victim and their family but also present an incredible emotional strain on everyone involved. Whether a birth injury case pertains to an injury to a newborn child, the child’s mother, or both, any such incident can be life-changing for every member of the family. If you have recently experienced any kind of birth injury, it’s natural to feel a very strong mix of emotions and a great deal of uncertainty when it comes to determining how your family can recover.
The attorneys at Easton & Easton have years of experience helping our clients through all types of difficult personal injury cases in San Bernardino, including birth injury claims that unfold according to medical malpractice law. We can provide the guidance and support your family needs for this challenging case and help recover the compensation you’re rightfully owed. Money cannot make up for the damage done or the emotional toll the incident has taken, but an appropriate case award can help your family manage your newfound economic concerns and adjust to your new circumstances a bit easier.
Filing a Medical Malpractice Claim for a Birth Injury in San Bernardino
The process of filing a medical malpractice claim is more complex than filing a standard personal injury case. To succeed with a medical malpractice claim, the plaintiff must prove they had a formal doctor-patient relationship with the defendant. They must then prove that the defendant failed to meet the standard of care that applied to the situation. The term “standard of care” refers to the acceptable treatments and techniques the medical professionals treating the patient must follow.
Birth injuries can occur in various ways, from failure to monitor patient vital signs during delivery, failure to ensure proper prenatal care for the mother, improper technique or excessive force during delivery, or causing traumatic physical injuries with surgical tools. Your San Bernardino birth injury attorney can help gather the evidence you will need to prove that the incident you experienced qualifies as malpractice.
As part of the claim filing process, your attorney can coordinate expert witness testimony for you to assist you in proving that malpractice caused the birth injury in San Bernardino, CA. This typically requires finding another medical professional who holds the same or greater professional qualifications as the defendant. This individual can provide a sworn statement explaining how the defendant failed to meet the standard of care that applied to your case and what they should have done differently or what another reasonable medical professional likely would have done in the same situation.
Claiming Compensation for a Birth Injury in San Bernardino
The main objective of your medical malpractice case is to ensure accountability for the defendant and compensation for your family’s losses. Like most other types of personal injury cases, a medical malpractice claim can yield compensation for all economic damages the plaintiff suffered because of the malpractice they experienced. They also have the right to claim compensation for their pain and suffering, but state law limits how much they can receive.
Economic damages you can recover from a birth injury case are likely to include medical expenses and lost income. If the injury requires corrective medical care, the defendant is liable for all such medical expenses the victim’s family incurs due to their actions. A birth injury has the potential to leave the victim permanently disabled, and an injured child may require constant in-home care from one of their parents. If a parent is forced to quit their job to provide this care, the defendant would also be liable for their lost income.
California law limits pain and suffering compensation in medical malpractice cases, but a recently enacted law has raised the limit. Additionally, the cap will continue to increase each year to adjust for inflation. While you may be limited in how much pain and suffering compensation your family can win from your case, a good San Bernardino birth injury attorney will know how to maximize this aspect of your case award.
Other variables could also come into play and affect your final case award. For example, if the defendant broke the law in causing the birth injury, they could face punitive damages along with other penalties, such as loss of their medical license. When you choose Easton & Easton to represent your birth injury case in San Bernardino, we can immediately start by gathering all the evidence and testimony you may need to firmly establish liability for the birth injury. We can then help identify every avenue of compensation to enhance your case award as much as state law allows. We know that any birth injury can be life-changing for the victim and their family, and we want to help you approach your difficult case with confidence that your recovery is in capable hands.
FAQs for Birth Injury Lawyers
Q: What Is the Statute of Limitations for a Birth Injury Claim?
A: The statute of limitations is the time limit within which you must file a claim after an injury occurs. State law upholds different statutes of limitations for different types of cases, and a birth injury claim is a type of medical malpractice claim. State law enforces a three-year statute of limitations for medical malpractice cases or a one-year time limit after the date a victim discovers the harm done by medical malpractice. It’s vital to file your birth injury claim as soon as possible to ensure you meet the applicable statute of limitations.
Q: What Do I Need to Do to Prove Medical Malpractice in San Bernardino?
A: Success with a medical malpractice case generally requires expert witness testimony from a medical professional with the same board certifications as the defendant. For example, if you are filing a suit against an obstetrician, you would need to find a similarly credentialed obstetrician to testify as to how the defendant breached your standard of care in the situation. Your San Bernardino birth injury attorney can help gather the evidence you will need to establish liability for the incident.
Q: What Are the Most Common Birth Injuries?
A: A birth injury case can pertain to any type of harm to the baby and/or mother in childbirth. One of the most common conditions to arise from birth injuries throughout the United States is cerebral palsy, a condition that will affect the child for the rest of their life in various ways. Any type of brain injury before, during, or immediately after childbirth has the potential to cause this condition, and every child who develops cerebral palsy will have a unique experience with the condition. Other common birth injuries include traumatic injuries from surgical tools and injuries from excessive force used when extracting a baby from the birth canal.
Q: How Much Is My Birth Injury Claim Worth in San Bernardino?
A: A plaintiff in a medical malpractice claim has the right to seek full compensation for all economic losses they suffered because of the defendant’s actions. These may include medical expenses for all corrective and rehabilitative treatment they need due to the injury and lost income if the incident causes the victim or family members to miss work or compels them to leave their jobs to care for the victim. State law also allows a plaintiff to seek pain and suffering compensation, but there is a maximum amount of this type of compensation they can receive even if they sustained permanent damage.
Q: What Will It Cost to Hire a San Bernardino Birth Injury Attorney?
A: It’s understandable to be worried about how much it could cost you to hire an attorney for your birth injury case, and many people in this situation assume legal representation to be prohibitively expensive. However, the team at Easton & Easton can provide the comprehensive legal counsel you need without exorbitant legal fees. We take personal injury cases on contingency, meaning you will only pay our firm a fee if and when we win your case, and your fee is a percentage of the total recovered from the defendant. You will owe nothing if our team is unable to secure compensation for you.
The right attorney can help you approach the difficult legal proceedings ahead of you with peace of mind. Easton & Easton knows you probably have many pressing legal questions and important concerns about your situation, and our goal is to help your family recover as fully as possible. Contact our team today to make an appointment for a consultation with a San Bernardino birth injury attorney you can trust with your case.
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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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