As with most injury cases, birth injury cases usually settle out of court. The families of children who suffered birth injuries at hospitals or labor and delivery centers are usually paid settlements by either insurance companies or the healthcare facilities themselves.
However, some birth injury cases end up in courtrooms and are resolved via jury trials. In this blog, we explore the most common reasons birth injury cases go to trial and explain how a lawyer can help you in each scenario.
6 Reasons Birth Injury Cases Go to Trial
Birth injury cases typically go to trial when the parties involved—such as the family of the injured child and the medical professionals or institutions responsible—are unable to agree on a settlement amount. However, there are other reasons why cases may go to trial.
Here’s a breakdown of six scenarios that can result in birth injury cases going to trial and how a birth injury lawyer can help in each instance:
- Disputed Liability
- When It Goes to Trial: If the medical professionals or institutions deny responsibility or dispute the cause of the injury, the case may need to be resolved in court.
- How a Lawyer Can Help: A birth injury lawyer can gather and present evidence, including expert testimony and medical records, to establish liability and support the claim, increasing the chances of a favorable outcome.
- Disagreement on Compensation
- When It Goes to Trial: Even if liability is acknowledged, the parties might not agree on the amount of compensation the affected family is owed. If settlement negotiations break down, a trial may be necessary.
- How a Lawyer Can Help: An experienced Chicago birth injury lawyer can negotiate on behalf of the family to pursue full and fair compensation. If negotiations fail, the lawyer will argue in court to ensure that the family receives the full amount they deserve.
- Complex Medical Issues
- When It Goes to Trial: Some cases involve complex medical evidence that requires expert testimony. If the medical facts are disputed and can’t be resolved through negotiations, a trial might be the only way to resolve these issues.
- How a Lawyer Can Help: An experienced birth injury lawyer has access to medical experts who can provide critical testimony. The lawyer will also simplify complex medical information for the jury, making it easier to understand the case.
- Severe Injuries With Long-Term Impact
- When It Goes to Trial: Cases involving severe, life-altering injuries often result in higher stakes, making a trial more likely if a settlement cannot fully cover future medical costs, long-term care, and other damages.
- How a Lawyer Can Help: A birth injury lawyer can calculate the long-term costs of a birth injury, including medical expenses, rehabilitation, and loss of quality of life. They will present these calculations in court to secure appropriate compensation for the family affected by the birth injury.
- Public or Legal Precedent
- When It Goes to Trial: In some instances, it may be important to push for a trial to set a legal precedent or to bring attention to certain negligent or dangerous practices within the medical community.
- How a Lawyer Can Help: A knowledgeable lawyer can craft a legal strategy that addresses the specific case and seeks to create a broader impact by helping to set legal precedents that could benefit others in similar situations.
- Failure of Mediation or Arbitration
- When It Goes to Trial: Some cases first undergo alternative dispute resolution methods like mediation or arbitration. If these fail to resolve the case, it may proceed to trial.
- How a Lawyer Can Help: A birth injury lawyer can represent the affected family during mediation or arbitration to protect their rights and interests. If these methods fail, the lawyer will be prepared to take the case to trial and continue fighting for the family’s rights.
Our Chicago Birth Injury Lawyers Build Every Case Like It’s Going to Trial
Although most birth injury cases settle out of court, going to trial isn’t something to be afraid of, and it shouldn’t dissuade you from filing a birth injury claim. At Beam Legal Team, we build every birth injury case with the thoroughness and dedication needed to win at trial—even if they settle long before a judge and jury hear them.
Our Chicago birth injury attorneys always go the extra mile for our clients to help them get the money they deserve after devastating birth injuries. If you need help after a birth injury, know that we’re here for you, and we have the experience, resources, and knowledge to maximize your chances of success. Contact us today for a free consultation.
