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8 Tips to Help Hire a Reliable Birth Injury Lawyer

As much as the birth of a baby is a joyous occasion, injuries during labor and delivery are major causes of concern for parents. These injuries usually result from the improper use of forceps, vacuum cups, or other tools to aid birthing. If the injury is due to the carelessness of the hospital authorities, parents are entitled to hire a birth injury lawyer to fight their case and seek justice.

1) Check the lawyer’s license, qualifications, and experience
A simple internet search using phrases like “best birth injury lawyers near me” is a good start to learning about one’s available options. But one must do a thorough background check on each attorney whose name comes up and not rely on them without thinking. Individuals should evaluate their qualifications and experience in the legal profession, particularly in handling birth injury cases. One should also determine whether the lawyer has a valid license that authorizes them to practice and whether they are in good standing with the state’s bar association.

2) Look for lawyers who work on a contingency fee basis
Birth injury lawyers usually charge contingency fees. That means they pay for all expenses associated with the court proceedings and, after winning the case, charge a percentage of the settlement amount. They don’t ask the client for money if they lose the case in court. Contingency fees may vary in different states, but generally, it’s up to 40% of the settlement. It’s best to hire lawyers on a contingency fee basis and avoid those who ask for an advance or set fixed charges at the outset.

3) Ask for a free case review
Requesting a free case review or consultation before finalizing a lawyer is important. This initial consultation helps one understand whether the lawyer can apply their theoretical knowledge to a practical case and provide sound legal advice. People should explain the entire situation in detail and gauge the attorney’s listening and judgment skills and ability to decide the next steps. One should also check with the lawyer about the statute of limitations, i.e., the maximum time a person has to initiate court proceedings after appealing to a court. This statute of limitations differs between courts, and a birth injury lawyer should know the laws specific to a state.

4) Verify the lawyer’s track record
It doesn’t suffice for a birth injury attorney to have all the qualifications and experience for a job but no proven track record. So, one should ask the lawyer about their success rate and the general approach used in the cases they have won.

5) Gauge the lawyer’s understanding of obstetrics and neonatal care
Birth injury attorneys must have a good theoretical understanding of ethical obstetric practices, neonatal care, and other aspects of childbirth. This knowledge helps them identify whether a certain birthing technique used or practice followed was faulty and could have been avoided by hospital staff. Lawyers who are well-versed in these subjects are better positioned to gather evidence against healthcare providers and win cases.

6) Check if the lawyer knows about the birth injury in question
Another important aspect to check is the lawyer’s knowledge and understanding of the birth injury that one’s child has sustained, the possible reasons for it, and how it could have been avoided. Let’s say a baby has developed hypoxic-ischemic encephalopathy (HIE) because of the healthcare professionals’ initial negligence. In this case, the lawyer should be able to identify the problem and preferably have worked with cases dealing with HIE.

7) Find out the lawyer’s capability of ensuring sufficient compensation
Caring for a baby with birth injuries can be financially challenging for parents because the infant may require multiple long-term treatments. Sometimes, one or both parents may have to stop working to support the child, leading to additional financial strain. That’s why a birth injury attorney should be proficient in not only winning the case but also ensuring the parents receive sufficient compensation. The clients can use the money for various aspects of the child’s treatment and assistance, including mobility equipment, assistive technology, therapy, and home modifications. Besides checking the verdict and settlement amounts, one should also understand how these numbers are calculated.

8) Check online reviews and word-of-mouth feedback
Online reviews of a particular birth injury attorney can provide in-depth insights into their proficiency, chances of winning the case, and genuine willingness to help their clients. It’s also a good idea to gain feedback from other parents with children who have suffered such injuries and seek the suggestions of the lawyers who they may have consulted.

Some of the best birth injury law firms in the country include:

Sokolove Law
TopDog Law
Gair Gair Conason
Miller Weisbrod Olesky
Ross Feller Casey

The lawyers at these firms have considerable core experience, qualifications, specialization in birth injuries, and extensive knowledge of childbirth and neonatal care practices. It’s best to book an initial consultation with such attorneys, discuss one’s case in depth, and zero in on a lawyer who is most experienced in handling cases similar to one’s child’s condition.

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