How Long Does It Take to Resolve a Birth Injury Claim?August 29th, 2017
Coping with the challenges of raising a child who sustained a debilitating birth injury is incredibly stressful. Although watching your baby grow and develop can be rewarding, you may be struggling to cover all of the costs associated with his or her care.
If your child is going to require lifelong care, you may be wondering how you’re going to afford it. Even if you’re on a promising career trajectory, the costs of caring for your child will likely increase over the years, but you should not have to cover them on your own.
If your baby sustained a serious injury during delivery and you want to hold the liable providers accountable, contact The Bowling Christiansen Law Firm. David A. Bowling has more than 30 years of trial experience. He will evaluate your family’s situation to determine if you have grounds for a claim. Call (504) 586-5200 to schedule a case evaluation with a New Orleans birth injury attorney.
How Long Does It Take to Resolve a Birth Injury Claim?
When it comes to birth injury claims, every case is different, and there is no set timeline for the proceedings. There are dozens of factors that will affect the total duration of the case, and unanticipated delays are common; however, a seasoned attorney will ensure everything on your end is filed promptly to prevent any unnecessary delays.
In general, you can expect a birth injury claim to take between 18 months and two years to resolve. Some cases may settle before 18 months has passed, while others can reach trial and continue three or four years after the plaintiff initially filed the lawsuit.
Considering the amount of time it usually takes to resolve a claim, it may not seem like the court is in any rush to award compensation for birth injuries; however, you should still treat your case with the utmost urgency. Pursuant to Louisiana Civil Code Article 3492, there is a one-year statute of limitations on most personal injury claims in the state.
Although there are exceptions, this typically means you have just one year from the date your child was born to file a claim against the liable party. If your baby’s birth injury was not immediately apparent, you have one year from the date that you discovered or should have discovered it, as long as no more than three years have passed from the date of injury, according to the National Conference of State Legislatures
If your baby sustained injuries during birth, you may already be struggling to cover the costs associated with his or her care. It is only natural to want to secure a fair settlement for the damages as soon as possible, and that is exactly what a birth injury attorney can help you do.
To discuss your situation with a New Orleans birth injury lawyer, contact The Bowling Christiansen Law Firm. David A. Bowling will help you pursue justice and compensation from the at-fault provider or healthcare facility.