The birth of a child is a momentous occasion in any family’s life. Unfortunately, sometimes during childbirth, things can go wrong, resulting in birth injuries. These injuries can cause lifelong disabilities, leaving parents with the difficult task of caring for their child and seeking justice for their injuries.
If you or a loved one has experienced a birth injury in Georgia, it’s important to understand the options available for seeking compensation. In this blog post, we’ll explore the differences between settling a birth injury case outside of court and taking the case to trial.
Settlements
Settlements are agreements made between the injured party and the responsible party (or their insurance company) to resolve the case outside of court. Settlements can be beneficial for both parties, as they typically save time and money by avoiding a lengthy trial.
In birth injury cases, settlements can also be a more favorable outcome for families. Trials can be emotionally draining and stressful for everyone involved, including the injured child. A settlement allows the family to receive compensation for their child’s injuries without the added stress of a trial.
It’s important to note that settlements often result in lower payouts than trials. This is because settlements typically involve negotiating a lump sum payment, which may not cover the full cost of ongoing medical care and other expenses associated with caring for a child with a birth injury.
Trials
Taking a birth injury case to trial is a more formal process that involves presenting evidence to a judge or jury. Trials can be lengthy, costly, and emotionally draining, but they can also result in larger payouts for families.
Trials also give families the opportunity to hold the responsible party accountable for their actions. This can be especially important in cases where medical malpractice or negligence contributed to the birth injury.
If a trial is successful, families may be awarded compensation for medical expenses, lost wages, pain and suffering, and other damages associated with the birth injury. Additionally, a successful trial can lead to changes in policies or procedures that prevent similar incidents from occurring in the future.
It’s important to note that birth injury cases in Georgia are subject to a statute of limitations, which limits the amount of time families have to file a lawsuit. In Georgia, the statute of limitations for birth injury cases is typically two years from the date of the injury or discovery of the injury.
It’s crucial for families to act quickly and seek legal representation as soon as possible to ensure their case is filed within the statute of limitations. Failure to file within this timeframe can result in the case being dismissed, and the family losing their right to seek compensation.
The decision to settle a birth injury case or take it to trial should be made with careful consideration and the guidance of an experienced attorney. Settlements can provide a quicker and less stressful resolution, while trials can result in larger payouts and hold responsible parties accountable. Ultimately, the best course of action will depend on the specific circumstances of the case and the needs of the family.
Keenan Law Firm has extensive experience in handling birth injury cases in Georgia, and our team of attorneys is dedicated to helping families seek justice and compensation for their child’s injuries.
If you or a loved one has experienced a birth injury in Georgia, our attorneys can help guide you through the legal process and determine the best course of action for your specific case. We can provide expert advice on whether settling the case outside of court or taking it to trial is the best option for you and your family.
Our attorneys will work tirelessly to build a strong case on your behalf, gathering evidence, interviewing witnesses, and consulting with medical experts to ensure the responsible parties are held accountable for their actions. We will fight for your right to compensation for medical expenses, ongoing care, and other damages related to the birth injury.
At Keenan Law Firm, we understand the emotional and financial toll that birth injuries can have on families. Our compassionate and skilled attorneys are committed to helping you navigate the legal process with confidence and compassion.
If you need assistance with a birth injury case in Georgia, please don’t hesitate to contact Keenan Law Firm for a free consultation. We are here to help and will do everything in our power to ensure that you receive the justice and compensation you deserve.