Illinois Developmental Disability Birth Injury Attorney
The subjective baby development chart usually helps parents and caregivers determine if the baby is developing normally. For example, at three months, most babies can lift their heads and play with toys, and at five months, most babies can discern colors and objects, and track moving objects with their eyes. Of course, all babies develop at their own pace. Furthermore, more advanced developmental disabilities usually do not appear until the child starts school.
In sum, it usually takes a long time for parents and caregivers to realize something is seriously wrong. Usually, the statute of limitations in these cases is only two years. Even if this time period has expired, your family probably has legal options. According to the delayed discovery rule, injury victims, or the people legally obliged to protect them, need not file claims until they know the full extent of their injuries and they connect these injuries with a tortfeasor’s (negligent party’s) wrongful conduct. This process could take months, years, or decades.
The experienced Illinois developmental disabilities due to a birth injury attorneys at Wais, Vogelstein, Forman, Koch & Norman not only know obscure legal principles, like the delayed discovery rule. We know how to leverage these rules for the benefit of you and your family. Furthermore, because of our experience, we have developed proven methods in these cases. These well-established and battle-tested methods usually produce results that exceed our clients’ expectations.
Some Possible Developmental Disability-Causing Injuries
Newborns are so fragile that an error anywhere in the PLDR (prenatal, labor, delivery, and recovery) process could cause a permanent and disabling injury. Some examples include:
- Umbilical Cord Injuries: If the baby is too large to drift down the mother’s narrow birth canal, the umbilical cord could wrap around the baby’s neck and cause hypoxia (lack of oxygen). If that happens, the brain immediately starts shutting down different parts of the body, even including sensory and vital organs.
- Preeclampsia: This condition, which is basically maternal high blood pressure, could seriously endanger maternal health and fetal development. As outlined above, these developmental delays often remain hidden until well after the legal statute of limitations expires.
- Jaundice: An excessively high bilirubin level is toxic to a tiny newborn. In addition to mental and developmental delays, jaundiced babies often have a vast array of physical problems that necessitate extended, and costly, stays in the NICU.
Typically, about one in ten deliveries are complicated in some way. About one in ten of these deliveries causes a serious injury. At that point, an Chicago developmental disabilities due to birth injuries attorney can obtain financial compensation in court.
This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages might be available as well.
Resolving Your Claim for Damages
Most birth injury cases settle out of court. So, in addition to good litigation skills, your attorney needs solid negotiation skills.
These skills usually include knowing when to stand firm during these talks and when to compromise on certain points. A breakdown in either area could unnecessarily delay your settlement or mean that your family must settle for less.
Informal settlement negotiations usually start almost immediately. If these negotiations do not eventually bear fruit, most judges refer most cases to mediation. A third-party mediator works with both sides and tries to facilitate a mutually-agreeable settlement. Since there is an additional court supervision element in these negotiations, mediation is about 90 percent successful.
Rely on a Hard-Hitting Chicago Cook County Attorney
Injury victims are usually entitled to significant compensation. For a free consultation with an experienced developmental disabilities due to a birth injury attorney in Chicago, contact Wais, Vogelstein, Forman, Koch & Norman by going online or calling 410-567-0800. You have a limited amount of time to act.