Best Birth Injury Lawyers in Alabama

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Crumbley-Blackwell-Price Attorneys
Huntsville, United States

Founded in 1998
10 people in their team
English
Attorneys in North Alabama | Crumbley-Blackwell-Price AttorneysWhen it comes to providing high-quality legal representation that is professional and client-focused - our law firm is hard to beat. At Crumbley-Blackwell-Price Attorneys - we have assisted thousands of clients during our multiple...
Maxwell Tillman Law Firm
Birmingham, United States

Founded in 2015
50 people in their team
English
Maxwell Tillman represents people not big powerful insurances companies, corporations or hospitals. We have the experience and resources to take on these companies, no matter how large, with a 97.7% Personal Injury success rate.In order to receive the best possible settlement for your case, you...
Martinson & Beason
Huntsville, United States

Founded in 1937
50 people in their team
English
Founded in 1937, the law firm of Martinson and Beason, P.C. has been dedicated for over 85 years to achieving the best possible result for our clients. Our Huntsville Alabama personal injury lawyers provide a professional, team approach to each case. Our attorneys are committed to the highest...
Lewis & Feldman, LLC
Birmingham, United States

Founded in 2008
10 people in their team
English
We are Mediators who help companies and individuals resolve conflict and disputes. After having practiced law for over 30 and 35 years, respectively, Jon and Danny have the experience in a wide range of litigation to help parties resolve their differences and save costs by ending litigation...
Hollis, Wright & Clay, P.C.
Birmingham, United States

Founded in 2002
50 people in their team
English
Centrally located in Birmingham, the personal injury attorneys at Hollis, Wright & Clay, P.C. are some of the most experienced and accomplished attorneys in the State of Alabama. In addition to handling personal injury and wrongful death claims involving automobile and commercial truck...
Morris Bart & Associates, LLC
Birmingham, United States

Founded in 1980
500 people in their team
English
Morris Bart grew up in the New Orleans area, graduated from the University of New Orleans in 1975, and received his Juris Doctorate from Loyola Law School in 1978.In 1980, Mr. Bart became the first attorney in Louisiana to advertise his legal services on television. He was a pioneer in legal...

Founded in 1997
50 people in their team
English
we are gadsden attorneys who help our clients with divorces, custody issues, criminal defense, dui defense,and personal injury casesDani V. Bone has been aggressively representing his clients since he opened the firm in 1997.  In 2018, Dani was selected by the National Trial Lawyers...
Johnny Adams Law Firm, LLC
Union Springs, United States

Founded in 2018
50 people in their team
English
Since 2018, Johnny Adams Law Firm has been serving clients with proven success. We are consistent, patient and professional, giving each new case specialized attention whilst walking you through each step of the process.With Johnny Adams Law Firm, you should expect the best. We help our clients...
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About Birth Injury Law in Alabama, United States

Birth injury law deals with medical and legal issues arising from injuries sustained by a baby before, during, or immediately after the birthing process. In Alabama, birth injury cases often involve claims that a health care provider did not meet the accepted standard of care, resulting in harm to a newborn or the mother. Common birth injuries include cerebral palsy, Erb's palsy, brachial plexus injuries, fractures, and brain injuries due to a lack of oxygen. These cases can be complex, requiring careful investigation to determine whether negligence or improper medical care contributed to the injury.

Why You May Need a Lawyer

If your child suffered a birth injury, you might face overwhelming expenses for ongoing medical care, therapy, and special education services. A lawyer experienced in birth injury law can help you determine whether you have a valid claim and can guide you through the process of seeking compensation for current and future costs. You may need legal help in situations such as:

  • Your child was diagnosed with a condition that may be linked to medical negligence.
  • The hospital or medical staff is uncooperative or unclear about what happened during labor and delivery.
  • You have received conflicting information about your child's injury.
  • Your insurance is denying necessary treatments or therapies.
  • You want to hold those responsible accountable and prevent similar incidents in the future.

Local Laws Overview

Alabama has specific laws governing birth injury claims. These include:

  • Statute of Limitations: Generally, medical malpractice lawsuits, including birth injury claims, must be filed within two years from the date of injury. However, there are exceptions for minors. A claim can typically be filed up to the eighth birthday of the injured child, but there are circumstances where this period may be shorter or longer depending on when the injury is discovered.
  • Standard of Care: To win a birth injury case, plaintiffs must prove that a healthcare provider failed to meet the professional standard of care expected in their field and that this failure caused the injury.
  • Cap on Damages: Alabama does not currently have a cap on compensatory damages for medical malpractice cases, but punitive damages are limited. This can impact the amount recoverable in certain cases.
  • Expert Witness Requirement: Alabama law often requires testimony from medical experts to establish both the standard of care and the causal link between the provider's actions and the injury.

Frequently Asked Questions

What is considered a birth injury in Alabama?

A birth injury refers to physical harm suffered by a newborn or sometimes the mother as a result of complications during pregnancy, labor, delivery, or shortly after birth. Examples include brain injuries, nerve damage, and fractures.

How do I know if my child’s injury was caused by medical malpractice?

Medical malpractice occurs when a healthcare provider deviates from accepted medical standards, and that deviation causes harm. An experienced attorney can review medical records and consult with experts to help determine if malpractice occurred.

What compensation can I seek in a birth injury case?

You could pursue compensation for medical and therapy costs, pain and suffering, loss of future earning capacity, special education expenses, and sometimes punitive damages.

How long do I have to file a birth injury lawsuit in Alabama?

Typically, you must file within two years of the injury. However, for minors, you may have until the child's eighth birthday, but specific circumstances can affect these deadlines. Consulting a lawyer early is crucial.

Will my case go to court?

Many birth injury cases are settled out of court through negotiation or mediation. However, some cases may go to trial if a fair settlement cannot be reached.

Do I need expert witnesses for my case?

Yes. Alabama law usually requires medical experts to testify about the standard of care and to establish that the healthcare provider's actions directly caused the injury.

How much will it cost to hire a birth injury lawyer?

Most birth injury lawyers work on a contingency fee basis, meaning they only get paid if you receive compensation. Discuss fee arrangements with your attorney before hiring them.

If my child was injured at a public hospital, can I still file a claim?

Yes, but special rules may apply when suing government-owned hospitals or employees. There may be additional notice requirements and limitations on damages.

What evidence do I need for my case?

Evidence may include medical records, eyewitness testimony, accounts from other healthcare professionals, and expert opinions regarding both negligence and causation.

Can I sue if the injury was discovered months after birth?

Yes, but your time to file a lawsuit may be limited by when the injury "should have been" discovered. Speak with an attorney as soon as you suspect your child's injury might be related to medical care.

Additional Resources

If you are seeking more information or support related to birth injuries in Alabama, consider the following resources:

  • Alabama Department of Public Health - Offers public health information and complaint procedures regarding healthcare providers.
  • Alabama Board of Medical Examiners - Handles complaints and disciplinary action against licensed physicians in Alabama.
  • Alabama State Bar Lawyer Referral Service - Provides referrals to qualified attorneys experienced in medical malpractice and birth injury law.
  • Birth Injury Support Groups - National and local organizations offering emotional and practical support for affected families.
  • Legal Aid Organizations - Assistance for eligible low-income families seeking legal guidance in Alabama.

Next Steps

If you believe your child has suffered a birth injury due to the actions or inactions of a healthcare provider in Alabama, consider taking the following steps:

  • Gather and preserve all relevant medical records and related documentation.
  • Write down your recollection of events and any conversations with healthcare providers.
  • Consult with an experienced Alabama birth injury lawyer as soon as possible to discuss your situation and determine your options.
  • Avoid signing releases or settlements without legal advice.
  • Explore available support services and organizations for guidance during this challenging time.

Birth injury cases are time-sensitive and complex, so prompt action and qualified legal support are the best ways to protect your child’s rights and future.

Lawzana helps you find the best lawyers and law firms in Alabama through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Birth Injury, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Alabama, United States - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.