Filing A Houston Birth Injury Lawsuit
Filing birth injury lawsuits can be complex due to the sensitive and complex nature of the issue. Much of the necessary details can be handled by a Houston Birth Injury attorney, but there are some things you must do yourself.
Gather Birth Injury Documentation
Documentation is of upmost importance. You need to gather all pertinent documentation including:
Talk To A Birth Injury Attorney
Hire an attorney who specializes in birth injury cases. Your attorney may advise ways to get information or other documents needed that may be unique to your case. If you cannot afford an attorney, a good rule of thumb is to be patient and not accept the first settlement offered. The hospital will often offer a settlement very quickly, and an attorney can best advise you if you should take it or not. If the birth injury is going to cause lifelong care, this settlement is often not nearly adequate.
File A Complaint
A paper complaint is usually the first document in a Birth Injury lawsuit. It is filed with the Clerk of Court in your jurisdiction. It identifies the details of the legal claims being made including the parties involved, the facts and legal basis for the claim, and a prayer of relief. This is in no way religious, but is simply a statement of the plaintiff wishing the court rule in their favor.
The defendants in the lawsuit will be issued a summons. This serves as legal notification that a lawsuit is being brought against them and gives the defendant the details outlined in the complaint. This is done by a court appointed individual, and you have no responsibility in the process.
The lawsuit will then be handled by your attorney, taking most of the burden off yourself and allowing you to care for your newborn. However, it is important to keep diligent records of any and every cost incurred during the trial. The expenses can add up very quickly and will be included in the overall amount to be recovered through the courts. It will establish a cost basis for future expenses, which will be sought in the overall damages of the lawsuit.
Joyce Stamp Lily is the leading Houston Birth Injury Attorney. For a free consultation about your Houston Birth Injury case, please call (713) 759-6430.