Get The
Care
Your Child
Needs
25 years of Trusted Child & Family Representation
25 Years Of Record-Breaking Verdicts and Settlements
for our Clients in Brain Damage Cases
$3 M +
Settlement
Baby Brain Injury Heart Rate drop during Surgery
$2.5 Million
Jury Verdict
Failure to Treat Despite Change in Condition Against Major Medical Center
$10 Million
Jury Verdict
Fatal Brain Damage Largest Medical Malpractice Jury verdict in Pittsburgh, Pennsylvania history
$6 Million
Jury Verdict
Cerebral Palsy Largest Medical Malpractice Jury verdict in Indiana County, Pennsylvania History
$3 M +
Settlement
Cerebral Palsy Failure to Deliver Baby in Time / Oxygen Deprivation
$2.5 Million
Jury Verdict
Baby Brain Injury Delay in delivery / Compressed Umbilical Cord
What Our Clients Say About Us...
Thorough
Paul Lagnese, Esq.
Experienced
Joshua L. Berger, Esq.
Compassionate
David Paul, Esq.
Free Case Evaluation
Our Guarantee
At the Child Brain Injury Law Center, we believe that the people who cause serious harm to your family through their misconduct should be held accountable, and we seek to secure maximum compensation for every client, regardless of the difficulty of the case.
What Are Your Legal Rights?
If you suspect that another person, business, or governmental entity injured your child, the child and the parents or guardians may have the right to receive compensation for past, current, and future medical expenses, lost wages, lost earning potential, specialized medical equipment, pain, suffering, loss of companionship, and long-term care.
Unknown/Hidden Cause of Injury
– Darlene R., Greensburg, PA
Accident or Mistake?
In many cases, you may feel uncomfortable blaming an acquaintance, a trusted person, or confronting a powerful company or governmental organization for what seems like a mistake or an accident. However, very often the responsible person or company acted carelessly and we believe that you and your child deserve full legal compensation. Ultimately, your case may be not be against that person or company, but rather against their insurance carrier who has the resources to compensate you and your child fully.
– David Paul, Esq.
Partially Responsible?
Even when you or your child are partially responsible for your child’s injuries, you may still recover compensation, if another person, business, or organization also caused injury to your child. We are experienced in assessing the misconduct of other persons, organizations, and businesses, and enforcing you and your child’s right to recover.
Birth Injuries
Birth injuries often occur during the delivery process. Although some birth injuries are caused by an honest accident, in many cases the medical professionals may cause the injuries through their misconduct, such as delaying the removal of the baby from the mother. In these cases, the injured baby or mother and their family would be entitled to compensation for damages and for long-term care. To recover compensation, we often hire medical experts to prove that the medical professionals performed in a sub-standard way and that the baby and/or the mother were harmed by their misconduct.
How long to bring a lawsuit
You have a limited time period to file a lawsuit against the offending person, business, or governmental organization. This time period is called the “statute of limitations.” Each state has a different statute of limitations. In many states, the statutory period is two years from the date that you discovered or should have reasonably discovered the injury to your baby or to the mother, but cannot be more than seven years after the date of injury. However, in many states an injured baby can file a lawsuit up until their twentieth birthday. Because the statue of limitations can be very technical, it is always best to discuss the facts of your case with the lawyers at the Child Brain Injury Law Center.
How long will a lawsuit take?
Generally, the length of a case will depend upon the complexity of the facts, whether the medical provider(s) accept responsibility for their misconduct, the amount of damages that the child and the family have suffered, and whether your child needs long-term treatment and/or care. While some cases can be settled in a few months, others may need to go to trial and may take several years to obtain proper compensation. In reality, most cases never go to trial, however, we prepare each case as if it will go to trial and exhaust all efforts to obtain a just settlement or jury verdict.
Who receives the recovery
In cases where the child suffers a birth injury during their delivery, the parents will receive the monetary recovery on behalf of the child. Additionally, an injured mother may recover for her injury and the parents may be able to recover separately for the loss of a “child’s society and companionship.”
“Each of our lawyers has seen first-hand the anxiety, sorrow, and fear...”
We take all cases on a “contingency fee” basis, which means that in exchange for doing the legal work and paying for the costs of a lawsuit, such as court fees, medical experts, etc., we ask for an agreed percentage of the recovery amount from a settlement or a jury verdict. In other words there there are no costs to you unless we recover compensation. After we perform a free evaluation of your case and before we agree to take you as a client, we will carefully go over the “contingency fee,” to make sure that you understand and are comfortable with the fee agreement and our legal services.
How We Handle Our Cases...
Contact & Case Evaluation
Contact us by phone, chat, email, or online form. You pay zero fee unless we recover compensation.
Investigation
Obtain evidence of the injury, identify responsible persons, interview witnesses, consult experts to prove cause and determine the amount of just compensation.
Settlement Demand
After consultation with you, we will make a settlement demand on the responsible person(s), businesses, and/or insurance companies. If they refuse settlement, we will file a lawsuit.
Trial Preparation
Prepare legal documents, seek all records, interview witnesses, defendants, and expert witnesses. We will update you on our progress.
Trial Verdict or Settlement
Prosecute your case at trial, recover a verdict or a settlement for full damages, compensation, and long-term care, if required.
Common Birth Injuries
- Cerebral Palsy
- Erb’s Palsy
- Fetal Distress
- Forceps Injuries
- Birth Asphyxia
- Lack of Oxygen to Baby’s Brain
- Obstetrical Malpractice
- Perinatal Asphyxia
- Shoulder Dystocia/Collarbone
- Fracture
- Uterine Rupture
- HEi-Oxygen Deprivation
- Meconium Aspiration
- Bacterial Meningitis/GBS Positive
- Stillborn/Death
- Spinal Cord Injuries
- Injury to Mother
- Placenta Previa/Brain Damage
- C-Section Injuries
- NEC Baby Formula
- Brain Bleed or Injury
Common Causes Of Birth Injuries
- Failure to Diagnose, Monitor, or Test
- Improper Use of Anesthesia or Medicine
- Inadequate Care in ICU
- Failure to Order a C-section
- C-Section Mistakes
- Failure to Deliver In a Timely Manner
- Lack of Oxygen
- Misuse of Forceps or Vacuum
- Surgical Error
Common Causes of Child Brain Injuries
- Birth: Medical malpractice/negligence
- Falls: playground, daycare, sports, trampoline
- Blows to the head
- Medical Conditions: meningitis, encephalitis
- Gunshot
- Pedestrian or bicycle accident
- Vehicle crash: Automobile, bus, truck, boat
- Shaken baby or child abuse
- Crib accidents
- Swimming pool accidents
- Defective products: toys, furniture, sleepers
- Exposure: carbon monoxide, smoke, chemicals
- Failure to install safety protections
