FAQ
Who will I be talking to when I call Sokolove Law?
How long after I learn that my child has a birth injury can I take legal action?
Who will I be bringing a lawsuit against?
How often will I have to meet with my lawyer? Will my child need to go to any meetings?
Will my child be put on trial?
Will I be called as a witness?
Do I have to be present during the trial? Does my child?
Who are the medical experts that will testify on my child’s behalf?
Who will I be talking to when I call Sokolove Law?
Our nurse case managers are a dedicated team of registered nurses, whose education, clinical backgrounds, and experience allow them to serve as knowledgeable resources with whom you can discuss your potential birth injury claim. Our nurse case managers are available seven days a week.
How long after I learn that my child has a birth injury can I take legal action?
Birth injuries have a statute of limitation meaning that after a certain amount of time you can no longer file a birth injury lawsuit, whether someone was responsible for the birth injury or not. This time period varies drastically on a state-by-state basis. If the lawsuit is not filed within this time period, then you will likely be prohibited from filing it.
How long does a lawsuit last?
From the time the lawsuit is actually filed, which happens after the Inquiry Process, cases can take several years before they are concluded. However, it’s important to remember that this estimate can vary widely based on a number of factors, including location and complexity of the case.
Who will I be bringing a lawsuit against?
Birth Injury lawsuits are generally brought against the healthcare provider(s) whose substandard care may have led to your child’s birth injury. This can be a an individual healthcare provider such as a doctor or nurse or a company (such as hospitals or drug companies) who gave sub-standard care to the mother or child at any time prenatally, during the labor and delivery, and/or after delivery while the child is in the nursery. Should you be awarded monetary compensation as a result of your lawsuit, the compensation awarded is usually paid, at least in part, by the health care provider and/or hospital’s insurance company.
How often will I have to meet with my lawyer? Will my child need to go to any meetings?
Your involvement in the legal process will vary with your own case, but at a minimum, you can expect to meet with the co-counsel once when you agree to sign the HIPAA form, once when you decide to file a lawsuit, once to be prepped if you need to go in for a deposition, once for the deposition, and you are expected to be present during the entire trial. Your involvement in the lawsuit process can vary depending upon the circumstances of the case. However, at a minimum, you can expect to meet with co-counsel three or four times throughout the process. If your lawsuit proceeds to trial, then you will be expected to be present for every day of the trial.
Will my child be put on trial?
Attorneys diligently try to shield your child from the lawsuit process. However in some cases, it is necessary to provide the jury with an accurate depiction of your child’s injury, and how it affects their everyday life. This is usually accomplished by filming a “day in the life “ video.
Will I be called as a witness?
Yes. You will most likely testify at the trial.
How long does the trial last?
Trials vary based on a number of factors, but a typical birth injury trial takes about 5 to 7 full business days.
Do I have to be present during the trial? Does my child?
If your lawsuit proceeds to trial, then you will be expected to be present for every day of the trial. Attorneys diligently try to shield your child from the lawsuit process. However in some cases, it is necessary to provide the jury with an accurate depiction of your child’s injury, and how it affects their everyday life. This is usually accomplished by filming a “day in the Life “ video.
Who are the medical experts that will testify on my child’s behalf?
The medical experts who will likely testify on your child’s behalf are usually practitioners in their respective fields of medicine, who will testify as to the issues of care that was rendered, and how that care likely resulted in your child’s injury. These experts will not be associated in any way with the healthcare provider’s named as defendants in the lawsuit.
Contact Sokolove Law by calling 800-706-5250.
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