An important question that can come up when talking with families about an investigation into their baby’s injury at birth is, how does a baby get funding over time following birth trauma? Before going further into this answer, I want you to assume that there is a successful resolution to the claims made.
With the above stated, the purpose of this birth injury educational article is to help you understand one way in which attorneys who help babies with injuries at birth, especially brain injuries, get the funding that they need over time for their care. This is an area that can be foreign for many families.
WHY MEDIATION CAN BE SO HELPFUL…
Before answering the main question in this article, I want to help you understand why mediation can be so important when working through birth trauma cases. Mediation is a way in which all the parties to the case can come together to work the case out before trial. All the named and interested parties (through their representatives if they do not personally appear) will be present.
Mediation is important because it allows for the parties to work to place a value on the claims. A jury or judge will not do the valuation, as this will be the responsibility of the parties to the case.
Remember, during a jury trial neither side can truly predict what the other side will do, one way or the attorney. Both sides can argue their claims, but they cannot guarantee a particular result.
This is one of the reasons I like to have my clients well prepared for mediation and give them a good idea of the issues and what to expect. Side note, if you are coming up on a mediation in your case and have questions, be sure to direct your specific questions to your attorney, as he or she will be in the best position to answer them.
HOW DOES A BABY GET FUNDING OVER TIME FOLLOWING BIRTH TRAUMA?
One of the ways in which a baby can get funding over time following birth trauma is using special needs trusts. These are legal mechanisms which allow for your baby’s money to be deposited into them and are paid out over time, as needed.
There is will someone over the trust to help make decisions in the best interest of the baby. This is important because as time goes on, the needs may stay the same or they might change a bit. Regardless, a trust is put in place to help with issues just like this.
Also, remember that in many of these cases life-care plans are also used to help families get a good understanding of the long term care that will be needed as the baby ages and moves through different stages of development, and life.
WE CAN HELP INVESTIGATE YOUR BABY’S BRAIN INJURY AT BIRTH…
If you have more questions about these issues, I invite you to call me. Although many of us must stay at home right now due to COVID-19, we are still able to assist you over the phone and through other online methods to talk with you about your baby’s story. I talk with families and answer their questions on these types of issues all the time.
I can be reached at 301-850-4832. Be safe!
Marcus B. Boston, Esq.
2 Wisconsin Circle, Suite 700
Chevy Chase, Maryland 20815
1-833-4 BABY HELP
