Birth injuries can be a devastating experience for families, causing physical, emotional, and financial difficulties. In New Jersey, parents who believe their child's birth injury was caused by medical negligence have legal options to seek justice and compensation. This blog post will discuss the various aspects of birth injury cases in New Jersey, including the statute of limitations, proving medical negligence, and the potential damages you may be entitled to. We will also provide some tips on how to choose the right attorney to represent you in your case.
Statute of Limitations for Birth Injury Cases in New Jersey
In New Jersey, parents have a limited time to file a birth injury lawsuit on behalf of their child. The statute of limitations for medical malpractice cases is generally two years from the date of the injury. However, in cases involving minors, the statute of limitations is extended until the child's 13th birthday. It is crucial to consult with an experienced birth injury attorney as soon as possible to ensure your case is filed within the appropriate timeframe.
Proving Medical Negligence in Birth Injury Cases
To succeed in a birth injury lawsuit, you must prove that the medical professional's negligence directly caused your child's injury. This typically involves demonstrating the following elements:
- Duty of Care: You must show that the medical professional had a duty to provide a certain standard of care to you and your child.
- Breach of Duty: You must prove that the medical professional failed to meet the standard of care, either through their actions or inactions.
- Causation: You must establish a direct link between the medical professional's breach of duty and your child's injury.
- Damages: Finally, you must demonstrate the specific damages your child suffered as a result of the injury, such as physical pain, emotional trauma, or financial losses.
Gathering the necessary evidence to prove medical negligence can be challenging and may require the assistance of medical experts. An experienced birth injury attorney can help you build a strong case and identify the appropriate experts to support your claim.
Potential Damages in Birth Injury Cases
Parents of children who have suffered a birth injury due to medical negligence may be entitled to various forms of compensation, including:
- Medical Expenses: Compensation for past and future medical costs associated with the injury, such as surgeries, therapies, and specialized equipment.
- Lost Wages: If you had to take time off work to care for your child, you may be entitled to compensation for lost income.
- Pain and Suffering: Compensation for the physical pain and emotional distress your child has experienced as a result of the injury.
- Loss of Enjoyment of Life: Compensation for the impact the injury has had on your child's ability to enjoy their life.
The amount of compensation you may be entitled to will depend on the specific circumstances of your case. An experienced birth injury attorney can help you evaluate the potential value of your claim and negotiate a fair settlement on your behalf.
Choosing the Right Birth Injury Attorney
When seeking justice for a birth injury in New Jersey, it is essential to choose an attorney with experience in handling these complex cases. At Levinson Axelrod, P.A., our team of dedicated attorneys has extensive experience in representing families affected by birth injuries. We understand the emotional and financial challenges you may be facing and are committed to helping you navigate the legal process to seek the justice and compensation you deserve.
If you believe your child's birth injury was caused by medical negligence, do not hesitate to contact us for a free consultation. Our team will evaluate your case and help you understand your legal options.
