Birth Injury
Expecting a child is one of the most exciting times for a parent. Thanks to many advances in technology and the widespread knowledge of prenatal care, most of the time, the birth of a child is successful and comes to pass without any issues. But this isn’t always the case — while parents can take all the care in the world, all it takes is a small, unexpected mistake during delivery to make it all come undone.
Birth injuries can occur during childbirth. A baby who’s especially large or awkwardly positioned during birthing may suffer an injury as a result. Birth injuries can range from minor bruising to broken bones or long-term brain injuries. While many birth injuries are temporary, some can permanently affect the child’s life.
What is Birth Injury Lawsuit Pre-Settlement Funding?
Birth injury pre-settlement funding can provide the financial relief you need while pursuing your lawsuit. Personal injury pre-settlement funding is essentially a cash advance against the amount you’re likely to receive from the lawsuit settlement. When you don’t have to worry about paying immediate bills, you can devote the time and energy needed to fight for the full value of your birth injury case.
If you bring a lawsuit against the parties responsible for your child’s birth injury, you’re likely to accrue many expenses. While you wait for the lawsuit to proceed, you’re on the hook for all the medical expenses not covered by insurance — which can be substantial.
Unfortunately, it can take many months or even more than a year, for a birth injury lawsuit to make it to court. As your bills pile up, you may become anxious about how to pay them, and you might even feel pressured to accept an ultra-low offer from the responsible parties — an offer that may not cover medical and other expenses going forward.
Birth Injury Statistics
Birth injuries are complications that occur during labor or the delivery process. According to a National Healthcare Quality Report[1] published by the Agency for Healthcare and Research Quality, as many as 7 out of 1000 births experience a preventable birth injury. The most common birth injuries are due to improper medical techniques on the obstetrician’s part. Using incorrect tools, such as forceps or a vacuum, or poorly timing a child’s accurate delivery date resulting in an unnecessarily early birth, can lead to traumatic and irreversible birth injuries that can permanently affect a child’s life or even result in wrongful death.
Common Types of Birth Injuries Include:
- Facial paralysis
- Brain injuries
- Fractures
- Cephalohematoma (bleeding beneath the cranium)
- Paralysis
- Bone fractures
- Perinatal asphyxia (When a baby doesn’t receive sufficient oxygen)
- Cerebral palsy
- Erb’s palsy
- Forceps birth injury
What Types of Birth Injuries Can Qualify You for Pre-Settlement Funding Related to a Lawsuit?
The most common birth injuries qualifying for pre-settlement funding include neurological damage, such as any kind of permanent brain damage, consequences of oxygen deprivation, cerebral palsy, and intellectual and developmental delays. Other birth injuries likely to qualify for pre-settlement funding include broken bones and any sort of paralysis, including Klumpke’s paralysis.
These birth injuries are typically a result of medical malpractice or hospital negligence during childbirth. They may be a result of pharmaceutical drugs given improperly or inappropriately during delivery, physician error during delivery, or failure to monitor the baby’s oxygen levels before and during delivery.
Benefits of Birth Injury Lawsuit Pre Settlement Funding
When you opt for birth injury settlement funding, you gain the peace of mind that comes from not having to worry about how you’ll pay your personal bills and legal fees. You’re likely to have medical and therapy bills piling up on top of your regular expenses, and you may be unable to maintain your regular income while dealing with post-birth trauma.
Even if you expect to reach a favorable judgment, the waiting time can feel like torture. It can be challenging for new parents trying to make the best decision for their baby while recovering from childbirth.
Pre-settlement funding also gives you the freedom to hold out for the best possible settlement. Insurance companies know how hard it is to wait for your case to conclude, and they use it to your disadvantage. When you can wait, you’re more likely to get the settlement you deserve.
How long does it take for you to get approved for pre-settlement funding for your birth injury lawsuit?
The approval process for pre-settlement funding is designed to be efficient and straightforward. To initiate the procedure, you’ll need to complete an application and engage in a conversation with one of our representatives. We’ll require specific details regarding your birth injury lawsuit, in addition to some personal particulars.
It’s important to note that our assessment of your approval hinges exclusively on the merits of your case. Unlike traditional methods, we don’t require employment verification or perform credit checks. Our evaluation also extends beyond the merits of the claim, considering other relevant circumstances.
While we do engage with your attorney during this process, please be aware that direct communication isn’t always necessary. We gather essential information from your attorney or law firm, which may be conveyed through email correspondence. Furthermore, our information gathering isn’t limited to your attorney; we may consult case dockets and conduct online research to comprehensively understand the incident leading to the damages.
It’s crucial to emphasize that the approved funding amount may not always represent the “total amount” specified. Depending on the situation, certain deductions, such as broker fees paid on your behalf, may be subtracted from the funded amount. These details will be transparently outlined in the disclosures provided.
Lastly, it’s important to clarify that the approved funding won’t be disbursed directly to your attorney. Instead, we will send the funds to the plaintiff or a designated third party, such as a medical provider. This aligns with the instructions you provide us. Our commitment to a prompt process remains steadfast; upon approval, we strive to transfer the pre-settlement funding in its entirety within 24 hours. This immediate disbursement ensures that you gain access to the funds without unnecessary delays.
How Much Money Can You Get Through Pre-Settlement Funding for Your Birth Injury Lawsuit?
Although each birth injury claim varies, we typically offer funding of approximately 10% of the expected overall value of your lawsuit. This valuation is determined through an assessment of factors such as the specifics of your birth injury case, conversations with your attorney, the credibility and robustness of the evidence, and prior settlement talks. Additionally, we take into account the coverage limits of all relevant insurance policies, including your personal medical insurance and any applicable medical malpractice insurance, as part of our evaluation process.
A child’s birth should be pure and healthy. There’s no reason to start life with a preventable disadvantage. A healthy birth, on its own, is an extremely expensive procedure, even with insurance. Most parents pay the full procedure cost over years out of pocket. Keeping up with these costs is hard enough. If you’ve already contacted a lawyer and your birth injury case is in progress, you may have already realized these cases can take time, and you may be running out of money to meet your living expenses.
We understand how difficult it can be to make ends meet while waiting for a resolution. We offer pre-settlement funding to help pay for living expenses while your case is resolved. Apply now or call us today at 1-877-USCLAIMS to learn more.
FAQs
Do you have to pay back pre-settlement funding if you don’t win your birth injury case?
No. If you don’t win your case or receive a settlement, you don’t have to pay us back anything.
How long does it take for you to get approved for pre-settlement funding for your birth injury lawsuit?
Once we’ve gathered all the information we need, we’ll make an approval decision regarding your birth injury lawsuit within 24 hours.
Sources
- AHRQ. National Healthcare Quality and Disparities Report. 2021.
