Families may be emotionally, financially, and logistically overwhelmed from dealing with a birth injury. The first question on many people’s minds is how long it will take for their birth injury claim to settle. The truth is that it will depend greatly on the complexity of the case and the amount of evidence and documentation there are.
What is Involved in a Birth Injury Claim?
Typically, birth injury claims are very complicated. They generally include the following types of injuries:
- Nerve damage due to birth trauma
- Oxygen deprivation during or after childbirth
- Preventable infections that occur in the hospital after the delivery
- Complications associated with the mother’s pregnancy (due to negligence) during delivery.
Many families who seek birth injury claims have different types of cerebral palsy resulting from complications experienced during labor or delivery. They often require a considerable amount of medical documentation and evidence of long-term care planning. In many cases, birth injury claims require both medical and legal analyses of the situation, so they will naturally take much longer than standard injury claims.
General Usage of Probable Timelines
Every matter is unique and the resolution time depends on its complexity. Here is a general overview of what most families can expect:
Preliminary Investigation (3 to 9 months)
Your attorney needs time to gather all the medical records, interview additional medical experts, and determine whether or not negligence occurred. While this stage may seem slow, it is very important. When done properly, this initial groundwork will ultimately create new opportunities for settlement in your favor.
Filing Your Claim and Continuing with Discovery (1 to 2 Years)
Once the claim has been filed, both the defendant and the plaintiff will continue exchanging documentation regarding their respective positions. Discovery includes:
- Depositions
- Reports from experts
- Additional testing/ medical evaluations
Discovery may be the longest task involved in most birth injury matters, as detailed medical information will be required to establish a claim that has merit.
Negotiation Periods and Possible Mediation (A Few Months)
If there is a clear liability and the damages have been clearly established, the negotiation processes could move quickly. Families that have kept their records well- organized, have established clear diagnoses, and provided documentation of the projected costs for future treatment options could expect quicker progress.
If Cases Go to Trial (1 to 2 Years)
Most birth injury claims will end with a negotiated settlement before trial. However, if there are unresolved issues or both sides are not in agreement, it is likely that trial dates will be set much later than expected, as courts tend to have a lot of scheduling conflicts. Some claims have a quicker resolution than others. Here are some instances that may speed up the resolution process:
- The negligence is clear
- The injury is obvious and severe
- The defendant quickly accepted liability or they have an incentive to avoid trial costs
- Good documentation (the therapist’s and doctor’s records)
Endnote
It typically takes between two to five years for birth injury claims to get settled. While a five-year time frame may seem overwhelming, it indicates the severity of the injuries sustained, the complexity of the medical treatment necessary to address those injuries, and the continued economic burden that will be placed on the family due to the ongoing care required for their child.
By providing a well-documented and presented comprehensive case, you are increasing the potential for obtaining a fair settlement that will provide continued support for your child’s necessary long-term care.
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