What happens in a lawsuit involving traumatic brain injuries in a child?

All cases are different, however, most often your attorney will contact the insurer of the person who caused the injury to your child and demand money for the injuries. The insurer will likely not agree to this demand, so a lawsuit will end up being filed.

A child cannot file a lawsuit on their own behalf, so the suit is filed by a guardian who will stand in their place. The first part of the lawsuit is known as "discovery"--this is where opposing parties collect information about each other. This kind of information includes the child's and parent's financial and medical records.

The attorney will hire different medical experts who might examine your child. Questions and answers will be exchanged. Witnesses, parents and the accused party all take part in a question and answer session where the person questioned takes an oath to tell the truth to a court reporter who documents everything said. At this time, both parties' attorneys will be present.

The child will be required to undergo an Independent Medical Examination by a doctor that is chosen by the opposing side. In many traumatic brain injury cases, a video is taken of the child to show the effects that the injury had on the child. This is typically referred to as "a day in the life" videos. Settlement occurs at this stage of the lawsuit. If it doesn't, the parties will go to trial.

If someone you care about has been injured by a traumatic birth injury, contact a cerebral palsy attorney right away. Our team of medical experts will evaluate your case for FREE and our experienced CP attorneys will be able to help you during this traumatic time.

Resources:

http://www.ucp.org/

http://www.texasinjuryattorney.com/