Springfield Birth Injuries Lawyer

Seeking Just Compensation for Birth Injury Damages

When pursuing a birth injury claim, families may be eligible to recover various damages to address the financial, emotional, and physical consequences. Our dedicated legal team at Libbos Law is committed to securing compensation for:

• Medical Expenses: Coverage for current and future medical costs, including hospital stays, surgeries, medications, rehabilitation, and therapy.
• Pain and Suffering: Compensation for the physical and emotional distress endured by the child and the family due to the birth injury.
• Lost Wages: Reimbursement for parents who had to take time off work to care for the injured child or attend medical appointments.
• Future Expenses: Anticipated costs for ongoing medical care, special education, assistive devices, and other necessities related to the child's condition.

Our experienced Springfield birth injury lawyers work diligently to assess the full extent of damages and advocate for just compensation tailored to the unique circumstances of each case.

What is the Statute of Limitations for a Birth Injury Claim in Massachusetts?

In Massachusetts, birth injury claims are subject to a statute of limitations—a legal timeframe within which a lawsuit must be filed. Awareness of these limitations is crucial to ensure timely legal action. Key points regarding the statute of limitations for birth injury claims include:

• Two-Year Limit: Generally, the statute of limitations for filing a birth injury lawsuit in Massachusetts is two years from the date of the injury. However, some exceptions and nuances may impact the timeline.
• Discovery Rule: In cases where the birth injury is not immediately apparent, the two-year clock may begin when the injury is discovered or reasonably should have been discovered.
• Minors: For minors, the statute of limitations may be prolonged, enabling parents or legal guardians to initiate a claim on behalf of the injured child.

Navigating the intricacies of the statute of limitations requires a thorough understanding of Massachusetts law. The seasoned birth injury attorneys at Libbos Law are dedicated to ensuring that your case is filed within the applicable timeframe, protecting your right to seek compensation.

FAQ: Understanding Birth Injury Claims and Your Rights

1. What are common causes of birth injuries that may qualify for a legal claim?
Birth injuries can occur due to a variety of factors, such as medical negligence, improper use of delivery tools, delayed C-sections, failure to monitor fetal distress, or inadequate prenatal care. If you suspect that a medical error contributed to your child’s injury, consulting with a birth injury attorney can help you determine if there is a valid claim.

2. Who can file a birth injury claim on behalf of the injured child?
Typically, the child’s parents or legal guardians can file a birth injury claim. In some cases, other family members or representatives may be eligible, depending on the specifics of the situation and the child’s needs.

3. How long does the process take to resolve a birth injury claim?
The timeline for a birth injury claim varies based on factors like case complexity, the amount of evidence, and whether the case settles or goes to trial. While some claims resolve within a year, more complex cases can take longer. An attorney can provide a clearer estimate based on your unique circumstances.

4. What evidence is needed to support a birth injury claim?
Key evidence in a birth injury claim includes medical records, expert testimony, witness statements, and documentation of the child’s injuries and treatment. Gathering this evidence requires thorough investigation and often includes consulting medical experts to validate the link between the injury and medical negligence.

5. Can we pursue a birth injury claim if the injury’s effects are not immediately apparent?
Yes, in cases where the injury’s effects or severity are not immediately known, you may still pursue a claim once the injury becomes evident. This is where the "discovery rule" can apply, allowing the statute of limitations to start from the date of discovery rather than the injury date.

6. How does a birth injury differ from a birth defect, and does it affect the ability to file a claim?
A birth injury is typically caused by medical errors or complications during labor and delivery, while a birth defect usually results from genetic or environmental factors. Legal claims for birth injuries focus on instances of preventable harm, whereas birth defects may not qualify for compensation unless negligence was involved in prenatal care.

Contact Our Springfield Birth Injuries Attorney Today

At Libbos Law, our commitment to justice and advocacy extends to families navigating the complexities of birth injury cases. We bring experience, compassion, and legal expertise to every case. If your family has been affected by a birth injury, contact our Springfield birth injury lawyers today for a confidential consultation. Let us stand by your side, fighting for the justice and compensation your family deserves.

Contact Libbos Law today to meet with our birth injury lawyer in Springfield!