Should I Settle My Birth Injury Case or Take it to Trial?

Everyone anticipates that their child’s birth will go smoothly and that mother and baby will be healthy and happy. However, sometimes birth complications occur, and the result can be mild or severe. An estimated five to seven births out of 1,000 result in injuries, including cerebral palsy, shoulder dystocia, facial paralysis, and eye damage. At Kelley / Uustal, we are an all injuries law firm, and we can help parents whose child suffered a birth injury.

Has Your Hospital’s Insurer Contacted You?

If your child suffered an obvious birth injury, you may receive a phone call from your hospital’s insurer offering you a settlement. While it may be tempting to accept their offer, you should discuss it thoroughly with an experienced injury lawyer who has dealt with birth injury cases. He or she can advise you on whether the hospital’s offer is sufficient compensation for the injuries your child sustained.

What Happens When You Accept a Settlement?

Once you sign off on a settlement, you generally give up the right to sue the party liable for the injury, and you may be forbidden to speak about the specifics of the settlement. This is not to say you should never accept a birth injuries settlement. Sometimes the advantages, such as resolving the issue quicker and lower overall legal fees make it prudent to accept a settlement.

Is a Lawsuit the Answer?

Medical malpractice suits are complex and expensive. However, the average trial award in medical malpractice cases is much more than the settlements offered. Also, a public trial raises awareness of medical practitioners involved in such cases. An injury lawyer can advise you best on whether to accept a settlement offer or file a lawsuit and take it to trial.

What an Injury Lawyer Does

Always speak with a Fort Lauderdale medical malpractice lawyer before signing a settlement so you’ll know your rights and your options. At Kelley / Uustal, we assist with birth injury cases and other injury cases and are ready to consult with you and answer your questions.

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