How Much Time Does It Take to Complete a Birth Injury Case? By Attorney Tom Foley III on September 17, 2021

Couple speaking with a lawyerMany parents may find themselves wondering how much time is needed to build a birth injury case, especially when they're already dealing with so many issues related to the health of their child.

At Foley Law Firm, located in Northeastern Pennsylvania with locations serving Scranton, Stroudsburg, and Wilkes-Barre, PA, we help our clients streamline the birth injury claim process, from building the case to establishing the compensation they may deserve.

How Long Does It Take to Build a Birth Injury Case?

Building a birth injury case can take time. Your attorney will need a chance to look at details like:

  • The injuries suffered by mother or baby during delivery
  • The conditions that led to the injuries
  • If a doctor failed to intervene when needed during the birthing process
  • If a doctor performed unnecessary interventions that ultimately led to the injury
  • The bills you have received, and will receive, as a result of those injuries

In addition, you may need time to have your child's birth injuries fully diagnosed. You may need time for a qualified physician to conduct a full exam and give you a better idea of your child's future prognosis and potential limitations. This is particularly true of instances in which an infant has cerebral palsy or show signs of brain damage.

When Should I Talk to a Lawyer About My Birth Injury Case?

Ideally, you should talk to a lawyer about your rights as soon after the injury as possible. You may want to talk to a lawyer if:

  • Your child suffers developmental delays due to birth injuries
  • Your child requires ongoing medical care because of birth injuries
  • Birth injuries have caused substantial suffering in your home, or for your child

In the state of Pennsylvania, you have two years after the date of the birth injury—usually the date of your child's birth—to file a claim. However, in some cases, you may have the right to file a claim even after that time has concluded, especially if your child has developed signs of a birth injury later in childhood.

At Foley Law Firm, we help make sure our clients know how long they have to move forward with a claim and help identify any exceptions that could help extend the statute of limitations when needed.

How Long Does It Take to Settle a Birth Injury Claim?

Just like your lawyer may need time to fully investigate your claim, the liable doctor or facility's medical malpractice insurance company may also need time to conduct an investigation. Once the investigation has concluded, negotiation can begin.

In most cases, it takes several rounds of negotiation to arrive at a settlement agreement that works for both parties. Do not accept a settlement agreement that does not fit your specific needs. Instead, talk to an attorney about the compensation your family deserves for birth injuries sustained due to doctor or hospital negligence.

Contact Foley Law Firm Today

If your child suffered serious injuries at birth, you should not have to handle your claim alone. Contact Foley Law Firm online or call (570) 342-8194 to schedule a free consultation with our team of experienced Pennsylvania attorneys and learn more about your right to compensation.

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Foley Law Firm

The attorneys of the Foley Law Firm provide committed personal injury representation to eastern Pennsylvania. Our firm is proud to be affiliated with prominent organizations, including:

  • Martindale-Hubbell®
  • U.S. News & Nightly Reports
  • Super Lawyers
  • Lawdragon 

If you are looking for legal representation from a top-rated personal injury law firm in Scranton, call us at (800) 523-6539 or request a consultation online.

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