Should I Settle My Birth Injury Case?

Birth injuries can devastate newborns and families. Most families want nothing more than 10 fingers, 10 toes, and a healthy baby, so when something goes wrong, it turns your whole worldview upside down. You probably have a lot of questions for the doctors and yourself: What kind of care will your child need? What types of medications and therapies will be required? Are you strong enough to handle this?

The truth is, the cost to care for a child and help improve the child’s health, in any birth injury case, can be substantial. The costs of hospital surgeries, doctor visits, medical equipment such as walkers, and medications aren’t always fully covered by insurance. Medical expenses in infant birth injury cases also include physical therapy, speech therapy, special education needs, nursing care, and more.

We know that a lot of folks don’t like to talk about the costs, and people can be a little skittish when it comes to talking about lawsuits. For some parents, settling a case might be a better option than going to trial.

Why settling a case may be the right choice for you

Our team understands that a trial isn’t always suitable for a client. Jury trials can be risky. Some jurors have a hard time finding doctors responsible – especially if it’s a doctor they know. There are some other factors that might affect your decisions too:

• Settlements are usually private. Cases that are tried before juries may be reported in the press. Typically, anyone can listen to a public jury trial. Cases that settle are generally more private, and the results can be kept from the public eye.
• Settling a case can be less costly. Most medical malpractice cases require the services of another doctor who can testify that your doctor made a mistake. While our lawyers handle cases on a contingency fee basis, the doctors who testify normally are paid for their time before any other distributions are made.
• Trying a case can take time. Taking a case to trial takes longer than settling because there are a lot of moving parts. If you are concerned about the timelines, a settlement might be a better option.

Why you want a trial attorney for settlement talks

One of the benefits of hiring a trial attorney to handle your birth injury case is that insurance companies know that you’re serious about your claim. Oftentimes, a company will offer a more just settlement offer from the start, which is to your benefit.

However, if the insurance company refuses to play ball, then you have a lawyer who has already prepared your case to go to court. Regardless of which path you want to pursue, it’s a good idea to have as many options available to you at all times. We never push our clients towards trial or settlement. We review their case, discuss their options, and create a customized plan to help them reach their goals. It’s all about doing what is best for you, your baby, and your loved ones.

Get the help you need from a seasoned Memphis birth injury lawyer. At Bailey & Greer, PLLC, our attorneys have negotiated strong settlements and obtained substantial verdicts for clients throughout the region. To speak with an attorney, please call 901-680-9777 or use our contact form to discuss your child’s rights. Our lawyers fight for families in Memphis, Jackson, and throughout West Tennessee.