A birth injury is defined as an injury, harm, or impairment that an infant suffers at the time of birth due to some type of event. Birth injuries often cause irreversible damage. Sometimes, birth injuries are inevitable and couldn’t have been prevented, but many times, they are caused by the negligence, or carelessness, of medical professionals. These injuries can result in lifelong complications and financial obligations.
If you are a victim of a birth injury that was due to negligence, you deserve to be properly compensated so that the costs of the injury can be dealt with, as they can sometimes last a lifetime. The Morgantown birth injury medical malpractice attorneys at Robinette Legal Group, PLLC can help you recover the compensation you need to pay your medical bills, lost wages, and any other losses you suffered as a result of your injury. Our goal is to simplify the legal process for you and to make sure you receive access to the best resources available. Call (304) 594-1800 today to schedule your free consultation with one of our attorneys.
Why Choose Robinette Legal Group, PLLC as your Morgantown Birth Injury Lawyers?
At Robinette Legal Group, PLLC, our goal is to use our skills and experience to help you achieve the best possible outcome for your claim. As a firm, we intentionally limit the number of cases we take on so that we can provide each client with the personalized attention he or she deserves. We believe in the work we do and care about our clients’ well-being.
We offer free case consultations where we will listen to your situation and offer you guidance and legal advice that is specific to your case, at no cost or obligation to hire us. Our Morgantown birth injury lawyers also take cases on a contingency fee basis, meaning you do not pay us until after we secure the compensation you deserve.
Time Limit to File Your Morgantown Birth Injury Claim
In West Virginia, the statute of limitations, or time limit, for filing a birth injury claim is two years. The two-year limit begins either on the date of the injury or on the date that the claimant should have discovered it by reasonable diligence.
Remember that if you do not file in time, you might permanently lose your right to recover compensation for your losses. Our attorneys at Robinette Legal Group, PLLC are aware of this and will make sure you do not miss your filing deadline or make any errors that may delay your claim.
Damages You Can Recover In a Birth Injury Lawsuit
In a personal injury claim, the term “damages” refers to the monetary award you are entitled to from the person or company responsible for causing your injury. You may be entitled to economic damages, non-economic damages, and punitive damages in birth injury lawsuits.
There is no limit to how much the court can award for economic damages. Economic damages are any monetary losses you have suffered from your injury. They can include past and future lost wages, past and future medical expenses, rehabilitation, lost earning capacity, and more.
Non-economic damages, however, are more difficult to measure and are intended to compensate you for the more intangible losses you experience following an injury. Examples of non-economic damages include pain and suffering, grief, and mental anguish. These types of damages have a limit of $250,000.
In the case of death, permanent disfigurement, loss of a limb or organ, or permanent disability, the limit on economic damages is increased to $500,000.
Punitive damages, which the courts award as a way to deter the defendant and others from repeating the behavior that caused the injury, are capped at $500,000 or four times the amount of compensatory damages, whichever is greater.
In a civil action, such as a birth injury claim, the court will only award punitive damages if the plaintiff can establish by clear and convincing evidence that the injury or injuries suffered were actually a result of the defendant’s conduct. It must be shown that the conduct was carried out with actual malice toward the plaintiff, or a conscious, reckless, and outrageous indifference to the health, safety, and welfare of others.
Common Types of Birth Injuries in Morgantown, WV
- Erb’s Palsy
- Cerebral Palsy
- C-Section Injuries to the Mother
- Facial Paralysis
- Shoulder Dystocia from Birth
How a Morgantown Birth Injury Attorney Can Help You
Birth injuries can be complicated. You will likely want the help of an injury attorney, so they can prove to the court that you are entitled to compensation. A Morgantown birth injury attorney will review medical records, interview witnesses, and speak with experts to determine who caused the birth injury and why an injury occurred. This will enable the attorney to prove to the court where the responsibility for the injury lies. If the medical professional provided a patient with inadequate care and that caused the birth injury, your attorney can help show that.
Additionally, a Morgantown personal injury attorney can help make sure you file your lawsuit correctly and on time. If you don’t file the lawsuit correctly and within the statute of limitations, you won’t be able to file a claim and recover any damages, even if you have irrefutable proof that a doctor’s negligence caused the birth injury.
Contact Robinette Legal Group, PLLC in Morgantown
If you or someone you love suffered a birth injury due to someone else’s carelessness, contact our West Virginia Birth Injury attorneys at the Robinette Legal Group, PLLC. We understand that the effects of a birth injury may last a lifetime, and what happened is not your fault. We believe you deserve to be fully compensated for what you have lost and want to help you hold the medical professional or hospital accountable for their negligence or wrongdoing.
At our firm, our attorneys have the financial resources and legal experience to stand up for our clients against large corporations. We will go to trial against anyone or any company, large or small, if they do not deal with our clients fairly.
The only thing we care about is you and making sure you get the help and compensation you deserve. This is much more than just a job to us. We fight for you because it’s the right thing to do. Call (304) 594-1800 today to schedule your free case consultation with one of our Morgantown birth injury attorneys, or fill out our convenient online contact form.