Santa Ana Birth Injury Lawyers

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Santa Ana Birth Injury Attorneys

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Are You in Need of a Birth Injury Attorney in Santa Ana?

Children have a right to grow up healthy. But when they experience a birth injury, this is a painful experience for the entire family. During this difficult time, it's completely understandable to want to focus on your grief, healing, and your child's immediate care. However, families in Santa Ana who face newborn injuries or losses need financial assistance and justice. Thankfully, the Santa Ana birth injury lawyers at HN Injury Lawyers are dedicated to justice and have the ability to help with your birth injury case.

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Why Choose Us Over Other Santa Ana Birth Injury Lawyers?

Our Santa Ana birth injury law firm brings over 50 years of combined legal experience, providing skilled representation with a personal touch. But our firm's dedication goes beyond just winning cases—we are devoted to being a pillar of support for you and your family every step of the way.

HN Injury Lawyers: Birth Injury Law Firm in Santa Ana

When you choose HN Injury Lawyers, you choose a firm that prioritizes your needs and fights for you relentlessly. Our Santa Ana personal injury attorneys have the experience needed to approach emotional birth injury cases, ensuring that you receive the best possible legal representation.

• Attorney Edward W. Hess, Jr. has 30 years of litigation experience and previously worked as an insurance and corporate defense litigator, representing major corporations and insurance companies, so he knows how the other side thinks.
• Attorney Phillip B. Nghiem is a member of the National Association of Consumer Advocates and Consumers Attorneys Association of Los Angeles and was selected as a Rising Star through Super Lawyers Magazine in 2022 and 2023.
• We have won over $100 million for our clients.

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Contact our firm today at (657) 333-5726 to discuss your birth injury case.

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Do You Have a Birth Injury Case?

A valid birth injury case usually requires a few different things. For example, the first step is to determine if your child suffered an injury during birth. This could include conditions like cerebral palsy, brachial plexus injury, or brain damage. You'll also need medical records to support your claim. Specialist opinions can also help show that the injury was due to medical negligence.

Additionally, it's important to show that the healthcare providers did not follow proper procedures. This could mean they failed to monitor the baby properly or used the wrong medical tools. Then, you must be able to prove that the negligence directly caused the birth injury. This is where medical specialists can provide crucial insights.

However, there are some things that can de-legitimize birth injury claims. For example, there might not be clear proof that the medical team was negligent. The injury might also be due to a pre-existing condition rather than the birth process. Additionally, missing the deadline to file a claim in California, which is usually until the child's eighth birthday, can determine whether your case is valid or not.

If you're not sure whether you have a valid claim, an experienced Santa Ana birth injury attorney can help.

Types of Birth Injuries

The specifics of the birth injury will determine its severity in terms of how much it affects the victim throughout their lives and the financial compensation they could be awarded.

Some common birth injuries include:

• Anoxia: Occurs when a baby does not receive adequate oxygen during delivery, potentially leading to permanent brain damage.
• Brachial Plexus Palsy: Results from nerve damage during birth, possibly causing arm weakness or paralysis that might require long-term therapy or surgery.
• Brain Damage or Head Trauma: This can result from improper use of delivery tools, which may cause cognitive impairments and require lifelong medical care.
• Cerebral Palsy: Often arises from complications during birth, leading to motor disorders and affecting the child's movement and muscle tone.
• Hypoxia: Refers to reduced oxygen levels during delivery, which can impair organ function and result in developmental delays.
• Hypoxic-Ischemic Encephalopathy (HIE): A severe form of oxygen deprivation that can lead to brain injury, necessitating extensive rehabilitation.
• Erb's Palsy: A type of paralysis affecting the arm due to nerve injury, which can limit mobility and require surgical intervention.
• Kernicterus: A rare but serious complication of untreated jaundice, potentially resulting in hearing loss and motor disabilities.
• Meningitis in Newborns: A life-threatening infection that can cause brain damage and requires immediate medical intervention.
• Paralysis: This can result from nerve or spinal injuries during birth, affecting mobility and quality of life.
• Pulmonary Hypertension: A condition affecting blood flow in the lungs, which can lead to heart problems and requires ongoing treatment.

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How Can Our Santa Ana Birth Injury Attorneys Help?

Birth injuries are extremely challenging experiences for victims and their families. The role of a Santa Ana birth injury lawyer is to take on the full responsibility of legal proceedings so victims and their families can focus on healing and moving forward together.

• Seeking Medical Expense Coverage: Attorneys assist in recovering costs for medical treatment related to the birth injury, including surgeries, therapies, and future care needs.
• Recovery of Lost Wages: If caregiving responsibilities due to the birth injury impact your ability to work, lawyers help recover lost income.
• Long-term Care: Birth injury lawyers assess and advocate for compensation that addresses the long-term care requirements of the child, including special education, therapies, and home modifications.
• Emotional and Psychological Support: Attorneys often provide resources and support for emotional recovery, such as connecting families with counseling services.
• Compiling Compelling Evidence of Santa Ana Medical Malpractice: Attorneys gather and present comprehensive medical evidence, including specialist testimonies, to support your case and demonstrate the extent of the injury and its impact on the child and family.
• Preparing for Trial: If negotiations fail, birth injury lawyers are ready to take your case to trial, advocating passionately for your rights and striving for the justice and compensation your family deserves.

In the face of adversity, having a dedicated legal advocate by your side can make a significant difference. Attorneys can provide clear guidance throughout the legal journey specific to birth injury cases.

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What Damages Can You Get for a Birth Injury Claim in Santa Ana?

Santa Ana birth injury claims can help recover a few different types of damages, such as:

• Medical Expenses: We help secure compensation for past and future medical costs, including surgeries, therapy, medications, and ongoing care for your child.
• Lost Wages: We pursue compensation for lost income due to time off work or transitioning to full-time caregiving, minimizing the financial impact on your family.
• Pain and Suffering: We seek compensation for the emotional and physical toll birth injuries place on both the child and the family.
• Future Care and Support: We secure funds for future treatments, in-home care, and services to improve your child's quality of life despite long-term disabilities.
• Loss of Earning Capacity: We fight for compensation to safeguard your child's financial future if a birth injury affects their earning potential.
• Home and Vehicle Modifications: We prioritize securing funds for necessary home or vehicle adaptations, such as wheelchair ramps or specialized transportation.
• Wrongful Death Compensation: We compassionately seek wrongful death compensation to cover funeral expenses and emotional suffering after a tragic loss.
• Punitive Damages: In cases of serious medical misconduct, we pursue punitive damages to hold wrongdoers accountable and deter future negligence.

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Don't Wait: The Statute of Limitations for Birth Injuries in California

Under California law, the statute of limitations for birth injury claims is governed by California Code of Civil Procedure § 340.5. This law states that medical malpractice claims, which include birth injuries, must generally be filed within:

• Three years from the date of the injury, or
• One year from the date the injury was discovered (or should have been discovered).

For cases involving children, California allows additional time under the "Minor's Tolling Rule." If your child was injured during birth, you generally have until their 8th birthday to file a claim. However, waiting that long could severely hinder the legal process. The longer you wait, the harder it becomes to build a strong case—as waiting too long could mean that your family loses the ability to seek justice and compensation for the harm your child has suffered.

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Let HN Injury Lawyers Help You

To schedule a consultation with one of our birth injury lawyers in Santa Ana, call our firm at (657) 333-5726. Our attorneys always offer free consultations with no obligation.

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When a Birth Injury Is Medical Malpractice

Santa Ana medical malpractice occurs when healthcare professionals fail to provide the standard of care that a competent practitioner would, leading to harm. Determining when a birth injury constitutes medical malpractice involves assessing whether negligence played a significant role in the injury. In the context of birth injuries, this might involve using delivery tools improperly, failing to monitor fetal distress, or neglecting to perform necessary procedures in a timely manner.

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What Does Our Process Look Like?

Our process begins with a free, no-obligation consultation with one of our Santa Ana birth injury attorneys. This consultation is designed to understand the specifics of your birth injury case. Then, we focus on collecting all the crucial evidence needed for your Santa Ana birth injury lawsuit. Once we have gathered all the necessary evidence, the next step involves negotiating your injury settlement.

Step 1. Free No-Obligation Consultation to Learn About Your Case

This initial meeting allows us to evaluate the circumstances surrounding the injury and determine whether you have a viable claim. During the consultation, our experienced birth injury attorneys will listen to your story, answer any questions you might have, and provide guidance on the do's and don'ts moving forward.

Step 2. Gathering All of the Critical Evidence in Your Case

This involves meticulous gathering and examination of medical records, including prenatal, labor, and delivery documentation, to identify any deviations from standard medical practices. We also seek specialist testimonies from medical professionals who can provide insights into whether negligence occurred.

Step 3. Negotiating Your Injury Settlement

We understand that initial offers are often insufficient and work tirelessly to push for a fair and just compensation that covers medical expenses, lost wages, and emotional distress. Our firm communicates strategically to counter lowball offers and highlight the strengths of your case. If negotiations do not lead to a satisfactory outcome, we are fully prepared to take your case to trial, demonstrating our commitment to achieving the best possible results for you.

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What Our Clients Have To Say About Us

"This team of lawyers has gone above and beyond my expectations." - Keith Aguila (5-Star Google Review)

"Philip and his team have been extremely wonderful at helping and guiding me through this legal process. I'd also like to give a huge appreciation to Bryan who has been in communication with me. 100% of the time, this team of lawyers has gone above and beyond my expectations, especially being my 1st time needing a lawyer. I would highly recommend them to anybody who is in need of a lawyer, especially during an accident or injury."

"I would highly recommend their service and team." - Queen La (5-Star Google Review)

"I had an amazing experience working with Phillip Nghiem and his team. I would highly recommend their service and team. They were always keeping me updated and making sure that I had all my questions answered. They are all very professional and caring towards their clients. If you need a reliable and trusting attorney, definitely reach out to them."

"Phil is the absolute best, and I can't thank him enough" - Victoria Clark (5-Star Google Review)

"Excellent team of professionals, attentive to questions, [and] able to explain with patience and accuracy. Phil is the absolute best, and I can't thank him enough for his compassion and assertive use of knowledge to serve others. There's no one else I would call if I needed an injury lawyer."

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We Can Help With Your Birth Injury Case Today

Call HN Injury Lawyers at (657) 333-5726 to speak with one of our experienced birth injury attorneys.

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Frequently Asked Questions

How much do birth injury lawyers charge in California?

Birth injury attorneys in California typically work on a contingency fee basis, meaning you do not have to pay any upfront legal fees. Instead, your attorney will only receive payment if they successfully recover compensation for your family. Their fee is usually a percentage of the settlement or award from the case. This arrangement ensures that families can pursue justice without worrying about the cost of legal representation.

What is the difference between a birth defect and a birth injury?

A birth defect is a medical condition that develops before birth, often due to genetics or environmental factors. A birth injury occurs during labor or delivery, typically as a result of medical negligence or complications during childbirth.

Can I file a birth injury lawsuit if my baby didn't survive?

Yes, if medical negligence caused the death of your child during or shortly after birth, you may be able to file a wrongful death claim. A Santa Ana birth injury attorney can help guide you through this difficult process and explain your legal options.

How long does a birth injury case take?

The length of a birth injury case varies based on its complexity, the amount of evidence, and whether a settlement is reached or the case goes to trial. It can take months or even years, but your attorney will work to resolve it as efficiently as possible.

Will my case go to trial?

Not all birth injury cases go to trial. Many are settled out of court through negotiations. However, if a fair settlement cannot be reached, your attorney will be prepared to take the case to trial to fight for the compensation your family deserves.

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