For over 50 years the lawyers at Goldberg & Goldberg have represented the victims of Birth Injury and Birth Trauma caused by the hands of doctors and hospitals. Over that period of time, we have learned a thing or two about birth injuries, how they occur, what impact they have on the victim over a lifetime and how to litigate birth injury cases. This blog post is an effort to educate the families of the victims of birth trauma on how to proceed with a birth injury or birth trauma lawsuit.
- NOT ALL LAWYERS ARE CREATED EQUAL: This might sound snobby, and we apologize if it does, but as obvious as this statement is, most people do not know how to spot someone who has expertise in birth injury litigation and someone that doesn’t. The internet has allowed a class of lawyers to develop that are only interested in advertising their services in order to find cases to refer to other lawyers who actually know how to handle these cases. In the City of Chicago, there are very few lawyers that have the competency and financial resources to handle a birth injury case. Internet lawyers advertise for birth injury cases in the hopes of referring them to a lawyer that knows what he/she is doing and getting a percentage of the fee. These lawyers do not actually handle their own cases. How do you avoid these lawyers? Ask the right questions. Ask them to show you examples of settlements and verdicts that they have obtained as lead counsel. If it walks like a duck and quacks like a duck, it is usually a duck. The same can be said about trial lawyers.
- WHY CAN’T I DO THIS ON MY OWN?: In almost all cases you need a lawyer to handle a birth injury case on behalf of your injured friend or loved one. Birth Injury cases are some of the most complex and difficult cases a lawyer can handle. The medicine is complex and the lawyers hired by the hospitals and doctors are sophisticated. Regardless of what risk management at the hospital might tell you, if you attempt to handle a complex matter like a birth injury case on your own, you will not be treated fairly. Hire a lawyer early to protect your rights.
- WHY ARE THESE CASES SO EXPENSIVE?: They are expensive because they are complex and require expert witnesses from a variety of medical specialties. As the injured party you have the burden of proof. That means hiring experts to testify on your behalf to prove the case. We have routinely spent in excess $500,000 in costs to prosecute birth injury cases. We spare no expense when it comes to securing amazing expert witness testimony and cutting edge trial technology. These costs are essential to proving your case and the cost a small fortune.
- WHY DO BIRTH INJURY CASES TAKE SO LONG TO COMPLETE: This is a tricky question. They are complex and the stakes are typically high is part of the answer. At Goldberg & Goldberg we believe in measuring twice and sawing once. Our cautious approach to these matters takes time. We are sensitive to our client’s financial needs and recognize that a brain injured child’s well-being is at stake. If you are interested in rushing things along, we may not be the solution to your problem. We have found that our approach to litigation yields the best results. We think that our track record speaks for itself.
Prospective clients have many questions and this post cannot possibly address them all. If you or a loved one has a birth related injury, please do not hesitate to call us. We will spend as much time with you answering your questions and addressing your concerns as is necessary to make you feel completely comfortable. We have done this many times and understand the needs of our clients and their cases.