A birth injury can set a child on a difficult path from the moment they enter the world. If your child was harmed due to the negligence of another party, you could be entitled to compensation to help pay for the challenges ahead. Recovering damages after a birth injury can be an essential step for ensuring your child’s best future.
At McCoy & Hiestand, we believe in protecting those who can’t protect themselves. Our team of Kentucky birth injury attorneys has been helping birth injury victims recover the compensation they need for years. Find out more about how we can help you with a free consultation with a member of our team.
Determining Liability After a Birth Injury
When your child is injured during birth, recovering compensation can be critical. However, you can’t begin this process until you first determine who is at fault for the injuries sustained.
Following a birth injury, a variety of parties could potentially hold a level of liability. Sorting things out on your own can be challenging.
Fortunately, you don’t have to attempt to prove responsibility on your own. An experienced birth injury attorney in Kentucky can investigate your case with the aim of determining who is at fault for your damages.
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Damages You Can Pursue After Suffering a Burn Injury
If you or your child suffered an injury during birth, you will likely be able to pursue several different types of damages. All compensatory damages you are eligible to claim are split into economic and non-economic damages.
Any losses that were of a financial nature are labeled as economic damages. The most commonly available economic damages following a birth injury include:
- Medical costs
- Future medical expenses
- Lost wages
- Decreased earning power
All other losses you endure fall into the category of non-economic damages. The most commonly available non-economic damages in burn injury cases are:
- Mental anguish
- Lowered quality of life
- Pain and suffering
- Permanent disability
- Emotional distress
- Scarring or other disfigurements
In cases where the birth injury was caused by criminal negligence or an action meant to cause harm, you may also be eligible to claim punitive damages. A judge awards these damages as a means of punishing the at-fault party.
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Be Mindful of the Statute of Limitations When Filing a Lawsuit
Following a birth injury, it is critical that you pay attention to the personal injury statute of limitations for the state in which the birth occurred. In Kentucky, injury victims generally have one year to file a lawsuit. This is one of the strictest statutes of limitations in the country, and many people missing this deadline find themselves out of luck in recovering damages.
However, there are some exceptions that can alter the amount of time you have to file. A common example in birth injury cases is when the parent of a child injured at birth failed to collect compensation. In this case, the child has one year from the day they turn 18 to file a lawsuit of their own.
Of course, an exception can also place further restrictions on the amount of time you have to file. Contact a birth injury attorney in Kentucky to find out the exact deadlines that apply to your case. Your lawyer can identify if there are any exceptions to the statute of limitations in your case and make sure all deadlines are met.
The Insurance Company Does Not Have Your Best Interests at Heart
You need to be careful when dealing with an insurance company after a birth injury. Despite the stated purpose of these companies, they do not operate with a focus on protecting accident victims. Instead, the main objective of their operations is to protect their profit margins.
Insurance adjusters will resort to a wide range of dirty tricks to attempt to deny or devalue your claim. If you let your guard down, they may be able to trick you out of the money you deserve. The best way to protect yourself against the insurance company is by refusing to speak to them until you have obtained the services of an experienced birth injury attorney in Kentucky.
Once you have hired a lawyer, the insurance company will no longer be able to contact you directly. Instead, they will have to engage in all negotiations with your attorney. Your lawyer will act as a guard, protecting you from the unscrupulous tactics of the insurer and giving you the best chance of recovering the money you need and deserve.
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Get a Free Consultation From a Kentucky Birth Injury Lawyer Today
In order to give yourself the best chance of recovering fair compensation after a birth injury, it is essential that you hire an experienced Kentucky birth injury attorney. At the law offices of McCoy & Hiestand, we have helped countless birth injury victims get the money they need and deserve.
Complete the contact form on this site or give us a call to schedule a free consultation with a member of our team.
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