Birth Injuries

Understanding Your Options in the Event of Injury

The Mitchell Law Firm of San Jose helps you in understanding your options in the event of an injury and explains the process of lawsuit and litigation to get you the compensation you deserve.

You have been waiting nine months for a wonderful event - the birth of your child.  And then the unthinkable happens, and your child is injured.  Rather than going home and celebrating, you may be standing vigil at the hospital while your baby suffers through tests and procedures.  The bright future you dreamed of may be destroyed because of negligence during the birthing process.  Worse of all, the baby you love has been hurt.  In a situation like this, the infant is depending on you to ensure that justice is done on his or her behalf.

Meet with a Birth Injury Attorney

The first step is to meet with a San Jose attorney.  A medical malpractice or personal injury attorney will help you understand the options available.  The attorney will help you decide the amount of damages to ask for, and determine what resources will be necessary to provide for your child’s future.  The attorney will work with you to secure medical records, interview witnesses, investigate the medical professional and hospital, and determine who is responsible for your child’s injury.

It is possible that if the medical professional or hospital suspects they are responsible for the injury you may be approached with an offer to settle your claim.  Do not sign anything until you have consulted with an attorney.  It is in the best interests of the medical professional and the hospital, as well as their insurer, to settle with you as quickly and for the least amount of money as possible.  But in all likelihood, that is not in the best interests of your child and family.

Once a lawsuit is filed, or the medical insurer knows a lawsuit is imminent, the attorney may be approached with an offer of settlement.  Because of the attorney’s experience in such matters, he or she can advise you about the settlement, and you can make an educated decision about the amount and type of settlement.

If your case goes to trial, you and your attorney will decide the type of trial you will have, the witnesses you will call, and the expert testimony you may need.  Your attorney will be with you every step of the way, and will work diligently to make sure the rights of your family and your child are upheld.

If you would like more information about birth injury litigation, call The Mitchell law Firm at 866-616-9947, or email us and we will respond to you promptly.