Having your baby sustain harm or an injury before, during or shortly after birth is perhaps every parent’s worst nightmare. Thankfully, cases such as this are extremely rare, but occasionally they unfortunately do still happen. If you or someone close to you finds themselves in this heartbreaking situation, one option that can be worth exploring is making a birth injury claim. This can result in financial compensation that, while of course in no way makes up for the harm done, can ensure that your child’s complex lifelong needs can be met. Here’s what you need to know.
What is a birth injury claim?
In essence, a birth injury claim is a claim of against a hospital. This means you are asserting that the medical care you or your child received was negligent or substandard in some way, and the result of that was long-term damage to the health of your baby. Normally, a claim such as this can be made up to three years after your son or daughter’s 18th birthday, but if they lack the mental capacity to bring the claim themselves there is no time limit to make a birth injury claim. That means that even if your child was injured a long time ago, you could still have the option to make a claim if they have lost mental capacity as a result of their injury.
How can birth injury solicitors help me?
As with many legal matters, the process of filing and pursuing a birth injury claim is a long and complicated one that can take several years to be fully resolved due to the complexity of these cases. As such, have specialist birth injury solicitors. They can advise you on the likelihood of your case being successful and how to best move forward with the case. Many operate on a ‘no win, no fee’ basis, meaning that if they don’t settle your case they won’t charge you. It may be possible to reach a settlement outside of court, but if not then the solicitor will represent you at the trial.
How do I choose the right birth injury solicitors for my case?
You always want the best legal team on your side when pursuing any kind of legal action, and this is more true than ever in sensitive cases such as birth injury claims. When making a decision about who to hire, you want to be sure that they have plenty of expert knowledge to draw on and a wealth of experience working on cases similar to yours. In addition it’s important to have a solicitor that you feel comfortable with and is to your situation, as these kinds of cases can often be emotionally challenging. Finally, honesty and transparency are key. You don’t want false hope or to proceed with a case that has no chance of winning, so having someone who will always keep you in the loop and has your best interests at heart will help to make the process less stressful for you and your family.