What to expect when filing a birth defects lawsuit

Seek justice for you or your child’s birth defects with a birth defects lawsuit.

FILING A LAWSUIT AGAINST A CORPORATION AT FAULT FOR BIRTH DEFECTS CAUSED BY TOXIC CHEMICAL EXPOSURE IS NOT ALWAYS SIMPLE. That’s why it is important to work with an experienced birth defects attorney who knows the relevant laws in your state. Working with an attorney with experience and who knows your rights is the best way to get the justice you deserve. Our team of legal experts has over 40 years of experience fighting for victims of birth defects.

Each case is unique, but when our team of attorneys represents you in a birth defects lawsuit, there are usually three phases. The phases of a birth defects lawsuit include intake and evaluation, pretrial discovery, and trial and appeal.

Phases of a Birth Defects Lawsuit

Intake and Evaluation

After you contact our alliance, we first want to get to know you and your partner. We have to evaluate your medical records and work history. This helps us determine when exposure to toxic chemicals could have occurred. We must establish a link between the chemicals and you or your child’s birth defects. Then we will file a petition.

Pre-trial Discovery

During the discovery phase, each side will have the opportunity to ask and answer questions about your birth defects case. Answers to these questions will be made under oath, and either side will be able to ask for more information. Each case is different, but the discovery period can usually last weeks to months.

Trial and Appeal

Once your case has been filed and a trial date set, your lawsuit will be prepared and presented by a birth defects attorney. The defendant, your employer, may want to settle your claims before trial. If so, our legal team will help you review the agreement before accepting a settlement amount. Otherwise, your case will go to trial for a jury to decide. The verdict decided on by the jury will determine whether or not the defendant is responsible for your or your child’s birth defect, and how much compensation you could be owed.

Once your case is either settled or a jury decides on a verdict and award amount for your case and the losing side does not appeal, you may be entitled to compensation. Birth defects lawsuits are not always quick affairs though. Keep in mind that it can sometimes be months or even years before a settlement can be achieved or a jury award obtained.

Our alliance of birth defects attorneys takes cases on a contingency fee basis — meaning you will not have to pay anything until a recovery is made in your case. If no recovery is made, no fees or expenses are owed.