Not every unfortunate birth outcome qualifies for a lawsuit, but parents may have the right to seek compensation when medical negligence is involved. A Philadelphia birth injury lawyer helps determine whether the case meets legal criteria. Eligibility typically includes:
- Parents of the injured child – If a healthcare provider’s negligence caused a birth injury, parents can file a lawsuit on their child’s behalf.
- Legal guardians – If the biological parents are unable to pursue legal action, a court-appointed guardian can step in.
- The injured child (when they come of age) – Some birth injury claims allow the child to file a lawsuit after reaching adulthood if no action was taken earlier.
The key to eligibility? Establishing that medical malpractice played a role. A seasoned Philadelphia birth injury lawyer evaluates whether a doctor, nurse, or hospital failed to meet the standard of care during delivery.
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Key Factors That Influence Birth Injury Settlement Amounts
Not all settlements are created equal. Some cases result in millions of dollars, while others barely cover the cost of initial medical bills. Several factors influence the final payout:
- Severity of the injury – A mild brachial plexus injury won’t warrant the same settlement as severe cerebral palsy requiring lifelong care.
- Medical expenses – The more extensive the treatment (surgeries, therapy, assistive devices), the higher the potential compensation.
- Projected future costs – If the child needs ongoing medical care, adaptive equipment, or special education, those costs are factored into the settlement.
- Lost earning potential – Some birth injuries prevent a child from ever leading an independent life or working in the future.
- Pain and suffering – Emotional distress, decreased quality of life, and other non-economic damages also come into play.
- Strength of evidence – A case backed by thorough medical records, expert testimony, and clear proof of negligence has a higher chance of securing a substantial settlement.
A Philadelphia birth injury lawyer doesn’t just fight for a payout—they fight for an amount that truly covers all the damages caused.
How to Pursue a Settlement for a Birth Injury Lawsuit
The legal process isn’t a walk in the park, but knowing what to expect makes it easier. Here’s what typically happens:
1. Case Evaluation
A lawyer reviews medical records, gathers expert opinions, and determines if there’s enough evidence to proceed with legal action.
2. Filing the Lawsuit
Once the case is strong enough, a complaint is filed against the responsible party—whether that’s a doctor, hospital, or medical staff.
3. Gathering Evidence
This phase includes depositions, expert testimonies, and extensive documentation to prove medical malpractice.
4. Settlement Negotiations
Most birth injury cases settle before trial. The lawyer negotiates with the defendant’s legal team to secure fair compensation.
5. Trial (If Necessary)
If negotiations fail, the case goes to trial. A skilled Philadelphia birth injury lawyer presents evidence in court, arguing for a verdict that holds the negligent party accountable.
Why Legal Representation Matters
Birth injury lawsuits aren’t about easy money—they’re about securing a child’s future. Without an experienced attorney, families risk accepting settlements that barely scratch the surface of what they truly need.
Tom Bosworth at Bosworth Law has the experience, resources, and determination to take on medical malpractice cases and fight for maximum compensation. If you or someone you know is dealing with the aftermath of a birth injury, visit Bosworth Law online and schedule a free consultation today.
For more information about Philadelphia Wrongful Death Lawyer and Medical Malpractice Lawyer Philadelphia please visit: – Tom Bosworth Law
