A birth injury can have a permanent impact on a child’s life. If your child suffered harm during labor or delivery, an Avon medical malpractice lawyer can help you seek justice.
Medical malpractice cases are often complex. Without legal assistance, you may not receive fair compensation for your child’s birth injury.
The team at Claggett, Sykes & Garza has recovered more than $1.5 billion for our clients. If your child was injured due to medical negligence, a birth injury lawyer in Avon can help you file a claim and pursue compensation.
Why Hire an Avon Birth Injury Lawyer?
If your child suffered a birth injury, a lawyer can:
- Investigate the incident: An attorney can review medical records, consult experts, and determine whether medical staff deviated from the proper standard of care.
- Negotiate with insurers: Insurance companies often try to minimize payouts. A lawyer can advocate for the full amount your family deserves.
- Represent you in court: If a fair settlement isn’t offered, a lawyer can take your case to trial and argue on your behalf.
An Avon personal injury lawyer can serve as your family’s advocate throughout the legal process.
Get the Compensation You Deserve. Our Experienced Lawyers Can Help.
How Much Do Birth Injury Lawyers Charge?
The birth injury lawyers at Claggett, Sykes & Garza work on a contingency fee basis. This means:
- You pay no upfront legal fees.
- You only pay your attorney if they secure compensation for you.
- The fee will be an agreed-upon percentage of your settlement or court award.
How Much Is the Average Birth Injury Settlement?
Since every case is unique, there is no average birth injury settlement. Some claims yield payouts in the low six figures, while others result in multi-million-dollar settlements. The value of your claim will depend on factors such as:
- The severity and permanence of the injury
- The cost of your child’s past and future medical care
- The injury’s impact on your child’s quality of life
- Your child’s lost earning potential
An Avon birth injury lawyer can provide a more specific estimate based on the facts of your case.
Let Us Fight for Your Rights and Maximize Your Compensation.
Types of Compensation You Can Recover
If your child’s injury was caused by medical negligence, you can pursue various forms of compensation, including:
- Medical expenses: You can recover costs for surgeries, hospital stays, therapy, and long-term care.
- Pain and suffering: You can seek damages for your child’s physical and emotional suffering.
- Loss of earning capacity: If the injury affects your child’s ability to work in the future, you can recover compensation for lost income.
- Home modifications and assistive devices: You can be reimbursed for expenses related to wheelchairs, home ramps, or accessible vehicles.
- Emotional distress: In some cases, parents may also be compensated for their own mental anguish and emotional suffering.
An Avon birth injury attorney can make sure your settlement covers all of your family’s damages.
Experienced Personal Injury Lawyers Ready to Assist You.
What Is the Statute of Limitations for Birth Injury Lawsuits in Connecticut?
According to Chapter 926 of Connecticut state law, the statute of limitations for medical malpractice, including birth injuries, is generally two years from the date the injury was discovered (or should have been discovered) with an absolute deadline of three years from the date of the act or omission that caused the injury.
If you miss the applicable deadline, you could lose your right to pursue compensation. For this reason, it’s crucial to consult a birth injury attorney in Avon as soon as possible.
How Do I Prove Negligence?
To prove negligence in a birth injury case, you must demonstrate the following:
- A medical provider owed your child a duty of care.
- They breached that duty by acting negligently.
- The breach caused the injury.
- The injury resulted in damages.
A personal injury attorney in Avon can gather evidence to hold all negligent parties responsible.
How Long Do Birth Injury Cases Take to Settle?
It can take anywhere from a few months to several years to settle a birth injury case. The timeline of your child’s case will depend on factors such as the complexity of the injury, how long it takes for you and your lawyer to gather evidence, and whether the case goes to trial.
A personal injury lawyer in Avon can work diligently to expedite the legal process.
What Is a Birth Injury?
A birth injury refers to any physical harm a baby suffers during labor, delivery, or shortly after birth. These injuries may be minor and temporary, or they may result in permanent disability.
While not all birth injuries are the result of malpractice, many are preventable and occur when medical professionals fail to act appropriately during the birthing process.
Common Types of Birth Injuries
Some of the most common birth injuries for which families sue include:
- Cerebral palsy
- Erb’s palsy (brachial plexus injury)
- Brain damage from oxygen deprivation (HIE)
- Facial nerve injuries
- Fractures or broken bones
- Spinal cord injuries
- Shoulder dystocia-related injuries
Common Causes of Birth Injuries
Birth injuries often stem from preventable medical errors. Common causes include:
- Failure to monitor fetal distress: Ignoring signs of fetal distress can lead to oxygen deprivation and brain damage.
- Improper use of forceps or vacuum extractors: These tools can cause skull fractures or nerve injuries if used incorrectly.
- Delayed C–section: Waiting too long to perform a cesarean can endanger both the baby and the mother.
- Negligent prenatal care: Failure to identify and manage conditions like gestational diabetes can increase the risk of complications.
- Medication errors: Administering the wrong drugs or dosages during labor can harm both mother and child.
- Improper handling during delivery: Excessive force or poor technique can lead to fractures or nerve damage.
Contact a Birth Injury Attorney in Avon
If your child has suffered a birth injury due to medical negligence, don’t wait to seek legal help. An Avon birth injury lawyer from Claggett, Sykes & Garza can guide you through the legal process and help you secure the compensation you need for your child’s care.
Schedule a free consultation to take the first step toward protecting your child’s future.
