In a perfect world, there would be no need for a birth injury attorney. Unfortunately, birth injuries occur, sometimes from the negligence of a medical professional. Many of these mistakes can result in lifelong disabilities. In these tragic situations, the child may deserve certain benefits. They may include Social Security disability payments as well as legal claims against those responsible for the birth injury. To pursue these claims, choosing the right birth injury attorney is critical. The following are four questions to ask a potential birth injury attorney:
#1: What Is Your Experience as a Birth Injury Attorney?
Birth injury cases are not the typical negligence or personal injury cases that many lawyers have experience handling. They involve complex legal theories, scientific concepts and professional practices that only an experienced birth injury attorney can fully understand.
You will need to confirm a potential birth injury attorney’s skill and experience in this particular area of law. Ideally, you would choose an attorney that focuses only on birth injury related lawsuits, but that’s unrealistic. Hence, you should hesitate to hire an attorney who has handled only a small handful of birth injury cases.
#2: How Do You Calculate Your Fees?
Most birth injury attorneys will charge a contingency fee. This means you don’t pay until you obtain a legal recovery. The contingency fee will lay out what percentage of the final judgment or settlement the attorney will receive. This percentage can vary on a variety of factors. They include the likelihood of success, the complexity of the case and how long it’s expected to take.
You’ll also need to confirm how payment for court costs and litigation fees work. Usually, the client is responsible for these costs but only if they win or settle the case. However, whether these costs come out of the settlement or award before or after the attorney takes his contingency percentage is an important consideration when determining the true cost of hiring a particular attorney.
#3: What Medical Experts Do You Have?
Birth injury cases are complex and will require the testimony and opinion of special witnesses, often doctors, nurses and other medical professionals who can determine whether negligence is responsible for a given birth injury. A birth injury attorney will need the opinion of these professionals. They will evaluate the merits of your case, as well as to help make your case in court. Some law firms will have “go to” medical professionals either as part of their law firm or just a phone call away. The more experienced and skilled these medical professionals are, the better.
#4: How Successful Are You as a Birth Injury Attorney?
No attorney will have a perfect winning record. But some will win more cases than others and collect more money for clients than others. Choosing an attorney with the highest amount of money recovered or the best “win percentage” doesn’t always guarantee the best results. The opposite is also true. When learning about how successful your potential birth injury attorney is, make sure you get the whole picture.
Schedule a Complimentary Consultation Today
If you have a loved one who may have suffered a birth injury as a result of the negligence of another, schedule your complimentary consultation with a birth injury attorney at Williams & Williams, LLC by calling 770-823-2711.
