Birth Injury Lawsuit

If a medical professional’s error injures a child shortly before, during, or after delivery, their family may be able to file a birth injury lawsuit to pursue compensation. Money from a birth injury lawsuit can help cover treatment costs and improve the child’s quality of life.

As a national birth injury law firm, Sokolove Law has decades of experience helping families across the country pursue compensation and justice. Call (800) 995-1212 now for a free case review.

Get a Free Birth Injury Case Review

Why File a Birth Injury Lawsuit?

A birth injury lawsuit is a form of legal action that families take when their child is harmed due to a medical mistake or error before, during, or after delivery. This is known as medical malpractice or negligence.

In medical malpractice cases, the lawsuit is typically filed against the medical personnel — like doctors, obstetricians, and other health care professionals — responsible for your child’s birth injury.

Sadly, a birth injury can lead to potentially lifelong medical costs. By filing a birth injury lawsuit, many families have been able to recover the money they need to pay for these expenses and improve their child’s quality of life.

When you work with Sokolove Law, we can handle every step of the legal process for you, so you can focus on caring for your child.

Over the last 40 years, we’ve helped families nationwide recover over $862 Million for birth injuries.

Let us fight for your family — at no out-of-pocket cost to you or your family. We only get paid if you do, so there’s no financial risk to taking legal action.

Get the Help Your Child Deserves

If you have a case, our birth injury lawyers can fight for the compensation your family deserves.

Get a Free Case Review

Birth Injury Lawsuit Settlements

Thankfully, you may be entitled to compensation from a birth injury lawsuit, which can come in two forms:

  • Birth injury lawsuit settlements: In many cases, birth injury lawsuits settle out of court — meaning your legal team will work with the defendant to reach an amount that both parties agree to outside the courtroom.
  • Birth injury verdicts: When a settlement can’t be reached, Sokolove Law is prepared to fight on your behalf and take your case to trial, where a judge or jury will decide whether to award a verdict.

Our Past Birth Injury Settlements

As of February 2024, Sokolove Law has secured over $862 Million on behalf of families with children injured at birth, including the following birth injury lawsuit settlements and verdicts:

  • Over $10.4 Million for a child with cerebral palsy in Pennsylvania
  • $8 Million for a child in New York who suffered an injury from a vacuum extractor
  • $7.8 Million for a child in Florida with cerebral palsy
  • $6 Million for a child in New York who suffered from jaundice that went untreated
  • Over $5.97 Million for a child in Texas who suffered oxygen deprivation due to delayed medical care
  • $4.5 Million for a child in Illinois with Erb’s palsy
  • Over $4.1 Million for a New Jersey child who suffered umbilical cord strangulation and fetal distress
  • Over $3.3 Million for a child in New Hampshire with cerebral palsy
  • Over $2.8 Million for a Connecticut child with Erb’s palsy

Ready to see if you may be eligible to pursue compensation for your child’s care? Call (800) 995-1212 now. Our team is available 24/7, and it costs nothing to speak with us.

“My baby had to stay in the NICU. Now, she is almost 3 and isn’t developing like other kids. Sokolove Law helped us fight for justice and get the money we needed to give our child special care and treatments. I can’t thank Sokolove Law enough."
– Mother in Massachusetts & Firm Client

Pursue Birth Injury Compensation for Your Child’s Care

Not only can birth injuries lead to emotional stress for a family, they can also cause a great deal of financial hardship. The lifetime cost of caring for a child with a birth injury can easily climb into the hundreds of thousands of dollars.

Birth injury compensation can help you take care of many expenses, including:

  • Medical care: If your child has to see doctors or specialists to get help managing birth injury symptoms and other health issues related to their injury.
  • Medicine: If your child needs any medications that can help ease the symptoms of their birth injury, like seizures and muscle discomfort.
  • Modifications and equipment: If you need any modifications to your home to accommodate your child’s birth injury or if your child needs special medical equipment like crutches, wheelchairs and more.
  • Physical therapy: If your child needs to see speech, physical or occupational therapists to help with their communication and mobility.

Filing a birth injury claim may result in compensation that can help your child live a happier, healthier life. Learn more about your legal options today by getting a free case review.

Who Is Eligible to File a Birth Injury Lawsuit?

We often hear from parents who feel a medical mistake was made during delivery and believe that their child may be suffering, but they’re not sure about their options.

If you think your child may be showing signs or symptoms of a birth injury — even if you don’t know whether medical negligence or malpractice was to blame — get in touch with Sokolove Law as soon as possible.

Sokolove Law has registered nurses on staff who can listen to your story and help you understand what may have happened.

If it’s possible medical malpractice occurred during your child’s delivery, our nurses can use these important details to help your legal team build a strong case on your behalf.

"I'm here to listen and use my medical training and experience to help identify things that may have gone wrong during birth.”
– Kristin Proctor, Registered Nurse with Sokolove Law

Speak with a Registered Nurse
  • Determine if malpractice took place
  • Find out about treatment options
  • See if you qualify for compensation
Talk to a Nurse
Beth Carter, RN20+ Years' ExperienceLegal Nurse
Consultant Certified

Steps in the Birth Injury Lawsuit Process

A birth injuries lawsuit may best be handled by a birth injury law firm that has experience in this area of the law and a track record of success.

When you work with Sokolove Law, we can take care of every step of the birth injury lawsuit process on your behalf.

Step 1: Get a Free Case Review

Get a free case review or call (800) 995-1212 today to see if you can file a birth injury lawsuit.

During this initial conversation, our experienced and compassionate case managers will get some basic information from you to help determine if medical malpractice may have occurred.

Parents of a child who was injured before, during, or immediately after birth may be eligible to file a birth injury lawsuit to help pay for long-term medical costs.

Step 2: We’ll Investigate and Build Your Case

Once we determine if you have a birth injury case, we’ll get to work collecting the evidence, medical records, and testimonies needed to build a strong case on your behalf.

In birth injury cases, your legal team will work to show that:

  • An injury during birth contributed to your child’s condition
  • The birth injury could have been prevented
  • Medical professionals were responsible for the injury

Don’t worry: If you’re not entirely sure of what happened during the birth or delivery process, we can investigate this as we gather evidence for your case.

Step 3: We’ll File Your Birth Injury Claim

After gathering the evidence, our birth injury lawyers can then file a complaint on your behalf. Your legal team will also work to ensure your claim is filed within the state deadlines.

Due to state laws known as statutes of limitations, you only have a limited amount of time to file your birth injury claim.

If you wait too long, you won’t be able to file a birth injury claim for your child’s injuries again, so it’s important to take action quickly.

Step 4: We’ll Negotiate a Birth Injury Lawsuit Settlement

Many cases end in the family receiving a birth injury settlement — without the case having to go to court. Birth injury settlements can be faster than a trial and may allow you to start receiving compensation much sooner as a result.

Potential birth injury settlements are determined by multiple factors in each case, including:

  • The severity of the injury
  • Current and future medical bills
  • The degree of medical negligence that may have contributed to the injury

Our experienced lawyers have helped thousands of families affected by birth injuries get the results they need — whether through a birth injury settlement or verdict.

“Our daughter's traumatic birth left us devastated. She faces numerous issues, and I can't work as I need to care for her. Sokolove Law stepped in and helped us fight for justice. With their help, we can breathe a little easier, knowing our daughter's needs will be met.”
– Sokolove Law Birth Injury Client

Step 5: We’ll Fight for a Verdict in Court

In some birth injury cases, however, a settlement cannot be reached, and the case has to go to trial. We have a great deal of experience securing substantial birth injury lawsuit verdicts for our clients if a settlement is not reached.

Learn More About Your Options

If you believe your child’s birth injury was the result of a medical mistake, our experienced birth injury lawyers can help you understand your legal options.

Get a Free Case Review

Types of Birth Injury Lawsuits

The two main types of birth injury lawsuits are birth injury medical malpractice lawsuits and wrongful death lawsuits.

Birth Injury Medical Malpractice Lawsuits

Birth injury malpractice cases are filed when a medical professional or health care provider commits an error that results in harm to a newborn child.

If a doctor applies too much force to a baby’s head during delivery, it can cause nerve damage and brachial plexus injuries, which can lead to a condition known as Erb’s palsy.

Another medical mistake that can lead to a malpractice claim is accidental oxygen deprivation during labor or delivery, which can result in infant brain damage and cause medical conditions like cerebral palsy.

Medical professionals can also fail to spot potential issues before birth, which can lead to serious injuries.

Wrongful Death Birth Injury Lawsuits

If an infant dies during childbirth due to medical malpractice or negligence, their family may be able to file a wrongful death birth injury lawsuit. Wrongful death can involve a medical mistake made before delivery, during delivery, or shortly after the baby is delivered.

A traumatic injury caused by misusing a medical instrument can lead to death, as can a lack of oxygen due to umbilical cord problems that the doctor should have noticed before delivery.

Get Help Filing a Birth Injury Claim

Over the last 40 years, birth injury lawyers with Sokolove Law have helped secure over $862 Million for the families of children who suffered an injury before, during, or shortly after delivery.

If you are unsure whether medical negligence is the reason your baby suffered harm, we have registered nurses on staff with decades of labor and delivery experience who may be able to help.

Our on-staff registered nurses can listen to your story, answer any questions you may have about your child’s condition, and help determine whether your child’s injury was due to a medical error.

Get a free case evaluation or call (800) 995-1212 today to learn more about your legal options.

Birth Injuries Lawsuit FAQs

How long do you have to sue for a birth injury?

The amount of time you have to file a birth injury claim is known as the statute of limitations, which varies from state to state.

Once this deadline passes, you won’t be eligible to sue for a birth injury again.

Don’t miss your family’s chance to secure justice. Get a free case review as soon as possible to see if you may be able to sue for a birth injury.

What is the average birth injury settlement?

Several factors determine the value of a birth injury lawsuit settlement. Because of this, there’s no way to know how much your particular case may be worth without knowing the details of your situation.

However, many of our birth injury cases have resulted in families receiving millions of dollars, which can go a long way in covering expenses like therapy, medicine, surgery, home accommodations and more.

What determines birth injury settlement amounts?

It can be difficult to predict if a case will result in a settlement or how much a potential case may be worth. There are a variety of unique factors that can influence these figures.

Birth injury settlement amounts may be influenced by:

  • The severity of the birth injury
  • Current and future medical costs for your child (like medications, hospital stays, doctors’ visits, physical therapy, and more)
  • Home or automobile modifications that need to be made to improve the child’s quality of life
  • Residential care
  • Related expenses, such as mobility aids (including wheelchairs, walkers and leg braces)

When you work with Sokolove Law, your birth injury lawyers and legal team are prepared to fight on your behalf for the most compensation possible. Learn more today.

How long does a birth injury lawsuit take?

It can be difficult to determine the length of a birth injury lawsuit. Some birth injury cases are resolved in months, while others may take years.

At Sokolove Law, we will do all we can to bring your case to a resolution quickly, so you can start receiving compensation for your child’s injury as soon as possible.

Can you sue a hospital for traumatic birth? 

Many birth injury lawsuits are filed against medical professionals who provided substandard care that contributed to a child’s birth injury.

In some states, you may be able to file a birth injury claim against a hospital. This will typically be the case if the doctor whose medical negligence or malpractice caused the injury is an employee of the hospital.

You may still be able to sue the hospital if your lawyer can prove that the hospital either knew — or should have known — that your doctor had a history of negligence but failed to take action.

What is the difference between a birth injury settlement and a trial verdict?

A birth injury lawsuit settlement is a financial agreement negotiated by your legal team and the defendant(s), usually without going to court.

Most birth injury cases result in settlements, which can allow your family to receive compensation sooner. However, some birth injury cases do go to trial.

During a trial, a judge and jury will hear arguments from both parties and decide on the amount of compensation in a verdict. Unfortunately, a trial can result in a much longer legal process — it’s also riskier.

If the judge and jury don’t rule in your favor or if the result is later appealed, you may not receive any financial compensation at all.

That said, your birth injury lawyers and legal team at Sokolove Law are prepared to fight on your behalf in court if needed.