Going to court is stressful and can put unwanted strain on families whose child has suffered a birth injury. Working with a birth injury lawyer in Baltimore can help you avoid needing to go to court. However, sometimes going to trial is unavoidable.
Ask a Birth Injury Lawyer in Baltimore:
Will I Have to Go to Court?There are numerous types of birth injuries caused by medical negligence. Find out more here about the types of birth injuries that can occur.More serious injuries can make it more likely that you’ll have to go to court. However, studies show that only 7% of medical malpractice and negligence cases are settled by a jury. This means you have a very good chance of settling without having to take your case to trial.
Reasons You May Have To Go to Court for a Birth Injury Case
1. The Hospital Isn’t Accepting Liability
Sometimes a hospital will refuse to accept liability even when you have evidence showing negligence caused your child’s birth injury. This is often because the hospital doesn’t want to tarnish its reputation or take a hit to its insurance.
When the hospital denies liability, then your attorney will need to build you a case with strong enough evidence to prove to a judge and jury that malpractice or negligence occurred. The judge and jury may then rule in your favor if your case is strong enough, and you will be awarded compensation
2. The Insurance Company Won’t Pay
Even after accepting liability, sometimes the hospital’s insurance company won’t pay an adequate amount to cover your damages. The damages are calculated based on economic and non-economic damages. Economic damages are financial losses such as hospital fees, future medical bills, and lost income. Non-economic damages cover pain and suffering, loss of quality of life, and a variety of different things that vary per case.The sum you’re entitled to based on your non-economic damages can be quite high, depending on the case. This can lead to the insurance company refusing to pay out the sum your attorney has calculated you’re entitled to. If the company doesn’t pay, then you may need to go to court to have a judge rule that you’re entitled to a settlement.
3. The Child Was Left with a Lifelong Disability
Most cases where your family is entitled to hefty settlements are cases where your child was left with a lifelong disability, such as cerebral palsy or brachial plexus palsy. They may be unable to work or take care of themselves when grown up. Six or seven-figure settlements aren’t uncommon in situations like these, and often, it requires a court appearance to win these sums.
4. The Birth Injury Resulted in a Wrongful Death
If the birth injury resulted in the wrongful death of the mother or child, then settlements will usually be particularly high. You may need to go to court to be awarded these high settlements, as the insurance company might refuse to settle and pay out the sum.
When Is Going to Court Worth It?
Going to court is often worth it if you have strong evidence in your favor and if you’re seeking a significant amount in compensation. You need that strong evidence to get the judge and jury on your side.
Studies show that juries only side with the plaintiff 50% of the time when there’s strong evidence showing medical negligence took place. Therefore, if your attorney believes you can avoid court, then it’s best to do so.
Will It Cost More To Settle in Court?
Most birth injury attorneys charge a contingency fee. Even if your attorney charges a higher contingency fee if you go to trial, it may not impact the settlement you win. The hospital may be required to pay your legal fees if you win your case.
So, if you’re awarded $2 million, and the contingency fee is 50% after going to court, then you may not walk away with just $1 million. You’ll walk away with $2 million, and the insurance company will pay an additional $1 million to your attorney. All you’ll pay out-of-pocket are the court and filing fees.
What if I Don’t Win My Case in Court?
If you don’t win your case and aren’t awarded compensation, then your attorney won’t get paid. However, you’ll still have to deal with the hospital bills and other financial losses that would’ve been covered by your settlement. Your attorney may advise that you appeal your case. Appealing can result in you winning a settlement, but it can add months or years to your case.
Many people won’t need to go to court during a birth injury case. However, working with a highly experienced attorney with courtroom experience will help you if your case does need to go to trial.
