In case you are seeking legal damages for a case of birth injury, you should first familiarise yourself with the litigation process. The text below is about basic process and the possible amount of compensation, but you should get clarification from your injury attorney, who will also apprise you of any differences in the jurisdiction process where the case is filed.
After identifying the defendants, your birth injury attorney should write a complaint that will describe facts in support of the action and how every cause of deed is satisfied by the facts of the case. Your litigator will also prepare a formal notice, also known as summon, to the defendant, telling them to appear in court.
Your birth injury lawyer will file these documents with the intended trial court and pay a filing fee, which will come from your pocket. Depending on the suit, your attorney may file a jury demand, asserting that the plaintiff wants the suit to be tried by the jury and legal compensation evaluated.
The defendants will be served with the grievance and summons by a process server, registered agent or certified mail for the industry where they may work. In the unfortunate event that the defendant cannot be traced, your injury attorney may request the court to allow substituted service, thus posting the complaint in the local newspaper, as well as the defendant’s last known address.
After the defendant answers the complaint, the next stage in the process is discovery. This is where each party can request evidence and other documents, by the use of subpoenas if at all necessary. Your birth injury attorney may request to be given dispositions and documents. Any important material apart from privileged information can be included in the discovery process.
Most civil cases are settled after the discovery. Commonly, after the discovery, the involved parties learn about each other’s strengths and weakness in the suit. After this, your attorney will try to get a settlement to avoid the risks and expenses of going to trial and will also try to make the plaintiffs agree to pay legal damages.
If an agreement after the discovery is not reached, your birth injury attorney will ask for a free pre- trial meeting that should be held before the trial judge. Hopefully, the pre-trial conference will speed up the disposition of your suit by discouraging wasteful pre-trial actions; and therefore, renew the possibility of the trial to be tried out of court.
If your case goes to trial, your birth injury lawyer and the defendant’s attorney will submit evidence and present witnesses in court. At the end of all the debate, the jury or the judge will weigh the evidence and decide the case. Usually, it is the work of the plaintiff to show enough evidence so as to persuade the jury and the judge that his claim should triumph.
There is a sensible chance that the trial may end up being terminated before going to a judge or jury. If your birth injury attorney can influence the judge with legal evidence and argument that the defendants cannot win the case and there is no need to continue, the trial may be ended. This is called motion for summary judgment.
The amount of compensation depends on the injuries sustained. Here are some of the possible compensation amounts you can get:
• Wrongful death – from £12, 500 to £300,000 or more
• Stillborn – £12,500 to £100, 000
• Funeral costs, all types of funerals- £3,000 to £10,000 or more
• Moderate cerebral palsy- £210, 000 to £3 million
• Severe cerebral palsy- £3 million to £10 million
• Severe brain damage- £250, 000 to over 2 million pounds
• Moderate brain damage- £28,500 to £155,000
• Any other compensation to the brain range from £10, 000 to £30, 000
• Minor injury to the head – £1,500 to £9,500
• Punitive damages- £1,000 to £275,000 or more
• Scars – £1000 to £10,000
• Pain and suffering -£1,000 to £200, 000 or more
If you win the case, the court may order the defendants to pay you legal compensation. Suppose the defendants appeal, you are not allowed to take any action or any compensation until the appeal period ends. Your birth injury attorney will tell you how much time the defendants have to file an appeal.