Experienced Birth Injury Attorneys In Chicago
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Understanding Birth Injury Cases
Birth injuries are injuries that a baby suffers before, during, or immediately after childbirth. They can range from minor issues that heal quickly to severe conditions that may lead to lifelong disabilities. In contrast, birth defects are health problems that develop while the baby is still in the womb, often due to genetic factors or environmental influences. Birth defects typically form during the first trimester of pregnancy, while birth injuries occur during the delivery process itself.
Common Types of Birth Injuries
There are several common types of birth injuries, including:
- Brachial Plexus Injury: Damage to the network of nerves controlling arm movement, often due to shoulder dystocia during delivery.
- Brain Damage: Can occur from lack of oxygen or trauma during birth, leading to conditions like cerebral palsy.
- Fractures: Bone fractures, especially of the clavicle, can happen during a difficult delivery.
- Bruising: Pressure from delivery tools or the birth canal can cause bruising on the baby’s head or face.
Why You Need a Birth Injury Lawyer in Chicago
In Illinois, birth injury cases often fall under medical malpractice law. Parents may seek compensation for injuries sustained due to negligence during childbirth. To succeed in a legal claim, it must be proven that the healthcare provider failed to meet the standard of care, leading to the child’s injury.
Hiring a local lawyer familiar with Illinois laws and regulations is crucial. They understand the specific legal landscape, including the nuances of medical malpractice cases in the state, which can significantly impact the outcome of a case
How to Choose the Best Birth Injury Lawyer in Chicago
Key Factors to Consider When Selecting a Lawyer
When choosing a birth injury lawyer, consider their experience with similar cases, their understanding of medical malpractice law, and their reputation in the legal community. Look for a lawyer who specializes in birth injury cases and has a track record of successful outcomes.
Importance of Experience, Success Rate, and Client Testimonials
A lawyer’s experience and success rate are important indicators of their ability to handle your case effectively. Reading client testimonials can provide insights into their approach and how they treat their clients throughout the legal process.
Steps to Filing a Birth Injury Lawsuit in Chicago
Step-by-Step Guide on the Legal Process
- Consultation: Meet with a birth injury lawyer to discuss your case.
- Investigation: The lawyer will gather evidence and medical records.
- Filing: A formal lawsuit will be filed in the appropriate court.
- Discovery: Both parties exchange information and evidence.
- Negotiation: Settlement discussions may occur before trial.
- Trial: If no settlement is reached, the case will go to trial
Documents and Information Needed
Key documents include medical records, birth records, and any evidence of negligence or malpractice. This information is essential for building a strong case.
Expected Timeline for Resolution
The timeline for a birth injury lawsuit can vary widely, typically taking several months to a few years, depending on the complexity of the case and whether it goes to trial or is settled out of court.
Compensation and Settlements for Birth Injury Cases in Chicago
Types of Compensation Available
Compensation in birth injury cases can cover medical expenses, ongoing care, pain and suffering, and lost wages for parents who may need to take time off work to care for their child.
How Settlements Are Determined
Settlements are determined based on the severity of the injury, the costs of medical treatment, and the long-term impact on the child’s life. Factors such as the child’s age and the extent of their disability also play a role in calculating compensation.
What to Expect During Negotiations
During negotiations, both parties will discuss settlement amounts. The process may involve back-and-forth discussions, and having an experienced lawyer can help ensure that you receive a fair settlement.
Frequently Asked Questions
A birth injury refers to any harm or damage to a baby’s body that occurs during the birthing process. This can result from complications during labor, delivery, or immediately after birth. Birth injuries can range from mild to severe and may include conditions like cerebral palsy, brachial plexus injuries, or brain damage.
Determining whether a birth injury was caused by medical negligence requires a thorough investigation. A birth injury lawyer will review medical records, consult with medical experts, and evaluate the circumstances surrounding the birth. If there were deviations from standard medical practices that led to the injury, negligence may be a factor.
In Illinois, the statute of limitations for filing a birth injury lawsuit is generally two years from the date the injury was discovered or reasonably should have been discovered. However, specific circumstances can affect this timeline, so it’s important to consult with a birth injury lawyer as soon as possible.
Most birth injury lawyers work on a contingency fee basis, meaning you only pay if your case is successful. The lawyer’s fee is typically a percentage of the compensation you receive, so there are no upfront costs.
You should bring any relevant medical records, a timeline of events, and any correspondence with healthcare providers. This information will help the lawyer assess your case and provide guidance on the next steps.
Recovered over $500 Million
in verdicts & Settlements
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Auto Accident
$25M
Physician Negligence
$17.5M
Medical Malpractice
$10M
Spinal Infection
$4M
Boating Accident
$1.35M
Wrongful Death
WHEN OPPONENT'S FAMILY MEMBERS ARE INJURED THEY CALL US!
What our clients are saying about us!
Kenneth Ackerman
Chicago, Illinois
” They helped us so much with our birth injury case. The team was kind, understanding, and really fought for us. We’re grateful for their hard work and support.”
Vickie Moses
Chicago, Illinois
“We couldn’t have asked for better attorneys for our birth injury case in Chicago. Phillips Law Offices treated us with respect and care. They made a tough situation easier to handle.”
Samuel Peterson
Chicago, Illinois
“The team at Phillips Law Offices was incredible during our birth injury case. They explained everything clearly, kept us informed, and worked hard to get us the best outcome.”
