A birth injury can turn what should have been a joyous time into a period of worry and uncertainty. As medical bills mount and your child struggles with developmental delays, you know you need to take legal action but are concerned about how long a birth injury lawsuit might take.
At Fowler Pickert Eisenmenger Norfleet, our Kansas City birth injury lawyers have experience helping Missouri families navigate birth injury claims to seek justice and fair compensation for their child's current and future needs. Below, our legal team explains what you can expect during this process, including factors that impact how long this type of case may take.
Factors That Affect How Long a Birth Injury Lawsuit Takes
Most birth injury lawsuits in Missouri take between 18 months and three years to resolve. Several factors influence this timeline, including the type of birth injury your child suffered, the severity of their injuries, the number of defendants, and whether the case settles or goes to trial.
Medical Condition of the Child
Your child's medical condition plays a crucial role in the timeline of a birth injury lawsuit, especially if time is needed to fully understand the extent of their injuries and develop a long-term treatment plan. Experts may need to be brought in to review your baby’s symptoms and medical records to forecast the expected care and support your child may need throughout their lifetime in order to establish the long-term effects of the birth injury.
Number of Defendants
The number of healthcare providers who may have liability for your child’s birth injury can affect how long it takes to gather evidence in a birth injury case. It is not uncommon for a birth injury lawsuit to involve multiple defendants, such as the hospital, delivering physician, nurses, and other medical staff who provided prenatal or labor and delivery care, such as fetal monitoring.
Settlement vs. Trial
Insurance companies thoroughly investigate birth injury claims before considering settlement offers as an alternative to trial. They may request additional medical examinations or expert opinions beyond those provided by your legal counsel, which can extend the timeline.
Key Steps in the Missouri Birth Injury Lawsuit Process
Understanding each phase of a birth injury lawsuit helps you prepare for what lies ahead. The Kansas City birth injury lawyers at Fowler Pickert Eisenmenger Norfleet guide clients through the essential steps, which include.
- Gathering evidence. The birth injury lawsuit process begins with a thorough investigation of your child's medical records. Our legal team works with medical professionals to identify when and how the injury occurred. This investigation typically takes three to six months.
- Filing lawsuit. After gathering evidence, we will file a lawsuit on your behalf in the appropriate Missouri court. This must be done within the statute of limitations, which varies under Missouri law depending on the facts and circumstances of your case.
- Defendant response. Once your birth injury lawsuit has been filed, the defendants have 30 days to respond.
- Discovery. Next, the discovery phase begins. During this part of the process, both sides exchange information and take depositions from witnesses, including medical professionals.
- Settlement attempt. Settlement negotiations often occur throughout the process. Many cases settle before trial, especially when evidence clearly shows medical negligence. However, a fair settlement isn’t always offered.
- Trial preparation. If a fair settlement isn't offered, the next step is to move forward with preparing the case for trial. Trial preparation typically takes four to six months. During this time, our birth injury lawyers work with medical experts to develop clear explanations of medical issues relevant to your case for the jury, prepare exhibits, organize witness testimony, and develop strategies to present your case effectively.
- Jury trial. Once a trial begins, birth injury cases usually take two to four weeks to complete. This includes jury selection, opening statements, presentation of evidence, expert testimony, closing arguments, and jury deliberation. The length can vary depending on the number of medical providers involved and the complexity of the evidence.
As your case moves forward, our team will communicate regularly with you about how the claim is progressing and answer any questions you may have. Our Kansas City birth injury lawyers understand that the lawsuit process can be emotionally draining. We strive to shoulder the legal burden while guiding you through this process so that you can focus on your child's care, secure in the knowledge that we’re working to seek the justice and compensation your family deserves.
