A message from Stark & Stark regarding COVID-19 (Coronavirus): CLICK HERE for more information.

How Long Does A Birth Injury Case Take and What is The Process?

By on February 27th, 2016

Posted in

A typical birth injury case will take between eighteen months and two years from the time the lawsuit is filed until the case settles or goes to trial. This time varies, depending on a number of things, including the county where the suit is filed, the number of issues involved, and the number of experts involved. Over time, medical records and witnesses can disappear and peoples’ memories of what happened fades. Also, every state limits the time to file a lawsuit after an injury, so it’s better to contact a birth injury attorney as soon as possible to get the process started and avoid delays.

The first step in the process is gathering the medical records and consulting with medical specialists and other experts. If injuries and negligence are apparent then a notice of claim is filed. The exact procedure for filing a claim varies from state to state. Once a claim is filed, the defendants answer the claim or “complaint” and the case is now “in suit,” which means active litigation has begun. The suit continues with the longest part of the lawsuit process called “discovery.” This is where both sides exchange documents, answer written questionnaires (“interrogatories”) and oral questions (“depositions”). Depending on state statutes, mediation may occur in order to try and settle the case. If mediation does not resolve the case, a pretrial settlement hearing is held. If the case doesn’t resolve, trial is scheduled. The vast majority of cases do not go to trial.

If you feel you, or someone you know, can benefit from a birth injury claim, or would simply like more information, please contact us.

Multiple locations to better serve your needs—

Princeton, NJ

993 Lenox Dr, Building 2
Lawrenceville, NJ 08648
Phone: 609.896.9060
Secondary phone: 800.535.3425
Fax: 609.896.0629
google map

Marlton, NJ

40 Lake Center, 401 NJ-73, Suite 130
Marlton, NJ 08053
Phone: 856.874.4443
Secondary phone: 888.241.7424
Fax: 856.874.0133
google map

Yardley, PA

777 Township Line Road, Suite 120
Yardley, PA 19067
Phone: 267.907.9600
Fax: 267.907.9659
google map

New York, NY

5 Pennsylvania Plaza 23rd Floor
New York, NY 10001
Phone: 800.535.3425
google map

Philadelphia, PA

The Bellevue 200 S Broad St #600
Philadelphia, PA 19102
Phone: 267.907.9600
Secondary phone: 800.535.3425
Fax: 215.564.6245
google map

Bridgeton, NJ

78 W Broad St
Bridgeton, NJ 08302
Phone: 856.874.4443
google map