A baby injury is sometimes the direct result of negligence on the part of a medical provider. Saying that a doctor was negligent is not the same thing as saying that they’re a bad Doctor. You’re not going up against their entire reputation or the sum total of their abilities when you file one of these actions: you’re simply saying that, in your case, the doctor failed in their duties to you and your child.
Understanding how filing one of these lawsuits unfolds may help you determine whether it’s time for you to act on such a claim.
Step 1: The Consultation
You’ll have to consult with a qualified Texas birth injury attorney to determin
e the validity of your claim. This can be done for free and there’s no reason you should hesitate because of the money involved. You should do this quickly however. There are limitations on how long you have to file a lawsuit, in some cases.
The attorney can at least let you know how long you have to consider the matter, if nothing else.
Step 2: The Case
Your attorney will help you build a case. If you’re working with an attorney that works on contingency, they don’t get paid unless you win. This is a way that you can make sure that they really do believe your case has a chance. After all, they don’t want to work for free and that’s exactly what will happen if your case loses.
Make sure your attorney has expertise in this area and that they have access to experts who can make sure that your case is as convincing as possible. Establishing negligence takes skill, as does arguing a case in front of a jury.
Step 3: Going to Trial
If you go to trial, you’ll probably have to testify in front of a jury. The attorney will make sure you’re ready for this and it likely won’t be quite as intimidating as you think. There are some cases where the people you’re suing will more or less know that you’re going to win your claim and, when they do, they’ll usually offer you a settlement. This is done out of court and allows both of you to avoid paying for the costs of a jury trial.
Make sure you don’t negotiate around your lawyer. You’ll end up getting a much worse deal and it’s likely that it won’t work out in your favor.