Huntington Birth Injury Lawyer

Frequently Asked Questions

What Is a Birth Injury?

A birth injury refers to any damage sustained by a newborn during the birthing process. These injuries can range from mild to severe, impacting the child's physical and cognitive development. Common causes include medical negligence such as improper use of delivery tools or failure to monitor fetal distress adequately.

Some birth injuries may be immediately apparent, such as visible fractures or breathing problems, while others may only become noticeable months or years later when developmental delays appear. Families in Huntington should not hesitate to raise concerns with pediatricians, seek second opinions when necessary, and request copies of prenatal and delivery records for review. When those records suggest that accepted medical standards were not followed, a birth injury attorney can help families understand whether they may have grounds to pursue a claim and what steps come next in the legal process.

How Can a Birth Injury Lawyer in Huntington Help?

A birth injury lawyer in Huntington can help families navigate the legal process by evaluating the circumstances, securing necessary evidence, and presenting a compelling case. At Berthold Law Firm, PLLC, we utilize our in-depth understanding of state laws and medical intricacies to advocate for the compensation our clients are seeking.

We also communicate with hospitals, physicians, and their insurance carriers so that families can focus on caring for their child rather than dealing with legal and administrative complications. Our team explains each stage of a claim in plain language, from pre-suit investigation and expert review to settlement discussions and potential trial in local courts such as the Cabell County Circuit Court. By offering regular updates and answering your questions promptly, a birth injury attorney Huntington families trust can provide a clearer picture of timelines, possible outcomes, and the decisions you may be asked to make along the way.

What Is the Statute of Limitations for Birth Injury Claims in West Virginia?

The statute of limitations in West Virginia for personal injury claims, including birth injuries, often provides a two-year period to file from the date of the injury, but the rules can be different in cases involving minors. There are exceptions and specific requirements that may apply depending on how and when the injury is discovered. Consulting an attorney at Berthold Law Firm, PLLC can help you understand the time limits that apply to your situation and the steps needed to comply with all legal deadlines.

Because calculating these deadlines can be complicated when injuries are discovered later or when multiple healthcare providers are involved, families should reach out as soon as they suspect something may be wrong. West Virginia law may also require specific notices, affidavits, or expert certifications before a medical malpractice or birth injury case can proceed in court. We review your timeline carefully, gather the information needed to assess potential filing dates, and explain how the statute of limitations and any applicable exceptions could affect your ability to move forward with a claim.

What Compensation Is Available in Birth Injury Cases?

Compensation in birth injury cases can cover a variety of damages, including medical expenses, rehabilitation costs, pain and suffering, and future lost wages. Each case is unique, and at Berthold Law Firm, PLLC, we work diligently to quantify and pursue the full extent of damages our clients may be entitled to under the law.

In addition to immediate medical bills, families may face costs for in-home care, modifications to make their home accessible, assistive technology, and therapies that extend well into adulthood. We work with life-care planners and other professionals to outline these projected needs so that any settlement or verdict takes the future into account, not just what has already been spent. A birth injury attorney can also help identify non-economic losses, such as the impact on the child’s ability to enjoy daily activities or develop meaningful relationships, and present this information in a way that aligns with West Virginia law.

How Do I Start a Birth Injury Lawsuit in Huntington?

To begin a birth injury lawsuit in Huntington, start by contacting a seasoned attorney who can assess your case and guide you through the process. At Berthold Law Firm, PLLC, we offer complimentary consultations to help you understand your legal options without financial risk. Understanding the specifics of your case will enable us to adopt the most effective legal strategy, tailored to the complexities of the injury, the evidence available, and the local legal landscape.

During an initial consultation, we typically review a timeline of events, discuss your child’s diagnosis, and identify which medical records and imaging studies we will need to request. From there, we may consult with medical professionals to evaluate whether your care at a Huntington-area facility met accepted standards, and we will talk with you about potential next steps, including negotiation and litigation. By working closely with a birth injury lawyer Huntington families can rely on, you gain a partner who understands both the emotional weight of your situation and the procedural requirements of moving a case forward.