In the state of New Mexico, when a newborn suffers injury during labor or delivery, it can be an overwhelming and devastating experience for both the parents and the child. In these situations, looking for legal representation from New Mexico birth injury lawyers may be necessary to help you navigate through any potential medical malpractice claims.
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While many people are aware of the basics surrounding birth injuries and medical malpractice, there are some lesser-known facts that individuals should know about when dealing with a potential birth injury case in New Mexico.
In this article, we’ll explore five things you may not know when looking for a New Mexico birth injury lawyer.
1. Time Limit for Filing a Birth Injury Lawsuit
Birth injuries account for about 20% of the 20,000 infant deaths annually in the U.S., highlighting the severe implications these injuries can have.
For anyone thinking about filing a birth injury claim, the statute of limitations in New Mexico is crucial to take into account. A formal claim must be made within this time frame, which varies from state to state.
In the case of medical malpractice cases in New Mexico, including birth injuries, the statute of limitations is three years from the date of the accident or one year from the date the harm was discovered, whichever comes first.
If you think medical malpractice resulted in birth harm for your kid, you need to take immediate action. Should you fail to file within the allotted period, the court may dismiss your case.
2. Birth Injury Lawyers May Work on Contingency
Many people are unable to seek legal assistance for birth injuries because they fear they will not have enough money. Nonetheless, a sizable portion of birth injury attorneys in New Mexico take cases on a contingent fee basis. This implies that they won't be compensated until the conflict is resolved or won.
Families who are already dealing with substantial medical bills and other financial difficulties as a result of their child's accident may find peace of mind in this alternative.
3. Birth Injury Lawyers Have Medical Expertise
A lawyer must understand the medical and legal aspects involved in a birth injury case to successfully handle it. In New Mexico, birth injury lawyers often have specialized knowledge and experience in both areas.
They may seek consultation with medical experts to review records and determine the extent of the injury and its potential long-term effects. Having this expertise can strengthen a birth injury case and help families receive appropriate compensation.
4. Compensation May Cover Medical Expenses and More
In a lawsuit involving birth injuries, damages may include continued treatment for the child's injuries as well as non-medical costs like pain and suffering and lost income (if the parents had to miss work).
You must fight for just compensation on your behalf and have an experienced birth injury attorney at your side who can reasonably estimate the entire extent of damages.
5. A New Mexico Birth Injury Lawyer Can Help Prevent Future Incidents
One often overlooked aspect of working with a New Mexico birth injury lawyer is their ability to help prevent future incidents. Holding irresponsible medical personnel responsible allows them to advocate for safer procedures and draw attention to possible weaknesses in the healthcare system.
As you can see, there are a lot of significant features about birth injury attorneys in New Mexico that you might not be aware of. It is necessary to seek legal counsel from an accomplished and skilled attorney who can assist you throughout the process and vigorously defend your rights if your child was injured during delivery in the state.
