How do I choose the right birth injury lawyer for my case?

Upon learning about a complicated birth injury diagnosis, many are left wondering how they will find the right resources and support for their injured child, grandchild, or loved one. One of the first steps you can take in securing a better life for your loved one is finding the right birth injury lawyer for your case. A birth injury lawyer will obtain and review your medical case records, consult with qualified experts to determine whether a doctor, nurse, or someone else involved in your child’s care was negligent and caused an injury, provide you with support throughout the case, and more. Birth injury cases tend to be long, complicated, and emotionally challenging as well as very medically and legally complicated—it is critical that families put in the time and research necessary to find the perfect fit. Certain guidelines to keep in mind when searching for a birth injury lawyer include the specificity of legal focus, medical knowledge, personality, reputation, firm practices, and more. Throughout this page, we’ll offer further advice and guidelines to keep in mind when searching for the right birth injury lawyer.

Questions to Ask Your Prospective Birth Injury Lawyer

Specific questions and points of consideration you should keep in mind when searching for a birth injury lawyer include the following:

  • Does the attorney have knowledge and experience in cases involving the medical problems that your child and you have experienced? Be sure the attorney you choose has a solid understanding of the nature of the injuries and successful case outcomes to back it up.
  • Do both the attorney and the firm specifically and exclusively handle birth injury cases? Look at the lawyer’s verdicts and settlements pages to make sure that he or she wins birth injury cases, not other kinds of injury cases. Depth and focus of experience are critical in highly-complex birth injury cases.
  • Will the firm handle your case itself, or will your case be referred out to another firm? When researching for birth injury lawyers, you’ll see that many firms advertise that they handle birth injury cases. In reality, many of these firms do not handle birth injury cases personally. Instead, many of these firms advertise for birth injury services, then refer cases to niche birth injury law firms in order to collect part of the final settlement amount. When a case is referred, families tend to have a less personal relationship with their attorney and less open communication throughout the litigation process.
  • Does the firm have in-house nurses? More specifically, are they nurses with experience in obstetrics, labor, delivery, and/or special needs care? In-house nurses are particularly important in birth injury cases. An in-house nursing staff will have experience and knowledge interpreting medical records and understanding medical information.
  • How will you pay for legal services? Ensure you will only be charged if the firm wins or settles your case in your favor (a contingency fee policy).
  • What is the attorney’s record of verdicts and settlements?
  • Does the birth injury lawyer take on challenging cases?
  • What percentage of cases does the birth injury lawyer win?
  • What have colleagues said about the birth injury lawyer?
  • Does the attorney have client references? Speak with other clients who can share information about the attorney’s skills and work ethic.
  • How much legal experience do the law firm and birth injury lawyer have?
  • What percentage of the attorney’s cases are birth injury cases? For the utmost depth of knowledge and experience, make sure it is 100%.
  • What credentials can the attorney and law firm show you?
  • What awards has the attorney won? 
  • What are the law firm’s accomplishments? The attorney’s accomplishments?
  • What memberships does the birth injury lawyer have? 
  • Is the birth injury lawyer a leader in his or her litigation groups? 
  • Do you feel confident about your birth injury lawyer’s interpersonal skills?
  • How will the lawyer communicate with you throughout the litigation process? How involved will you and your child be in this process?
  • Does the birth injury lawyer have a strong professional network? Active participation in groups such as the Birth Trauma Litigation Group (BTLG) and the American Association for Justice (AAJ) gives birth injury attorneys a huge advantage, keeps them on the cutting edge of legal practices and gives them access to important knowledge and materials.

Reiter & Walsh, PC | Trusted Michigan Birth Injury Lawyers

Finding the right birth injury attorney for your birth injury case can be a complicated, confusing process. Because birth trauma cases are often very high-stakes, prolonged, medically complex and legally challenging, it is crucial to choose your birth injury attorney carefully.  It is important that you carefully choose an attorney and a law firm with specific, extensive experience with birth trauma, great communication skills, a strong client and professional network, peer recognition of their expertise in the field, and a successful resume of past verdicts and settlements.

If you or a loved one experienced a birth-related injury as the result of medical negligence, we encourage you to seek legal help. Pursuing a lawsuit for your loved one’s injuries can help your family secure resources for treatment, therapy, lifestyle adjustments, special education, care, adaptive equipment, and much more. To begin a free legal consultation with a birth injury lawyer from our team, contact us in any of the following ways:

Free Case Review  |  Available 24/7  |  No Fee Until We Win

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Additional Reading

Client Stories: Keziah’s Family