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FAQ

  • Birth Injury

    • What qualifies as a birth injury?

      A birth injury typically refers to harm to a baby or mother during labor and delivery due to medical negligence. Common injuries include cerebral palsy, Erb’s palsy, brain damage, or fractures.

    • Can I sue if the birth injury wasn’t immediately apparent?

      Yes, in many cases, birth injuries may not be noticed until months or years later. You can still pursue a lawsuit if you believe negligence caused the injury, but it’s important to act within the statute of limitations.

    • Who can be held responsible for a birth injury?

      Potential defendants may include doctors, nurses, midwives, hospitals, and other healthcare providers involved in the birth.

    • What types of compensation can I receive?

      Compensation may include medical expenses (past and future), pain and suffering, costs for long-term care, lost wages, and emotional distress.

    • Do I need medical records to prove my case?

      Yes, medical records are crucial evidence in birth injury cases. They help demonstrate whether the standard of care was breached during labor and delivery.

    • What is the process for filing a birth injury lawsuit?

      The process typically involves an investigation, gathering evidence, consulting with medical experts, filing the lawsuit, and potentially negotiating a settlement or going to trial.

    • How long does it take to resolve a birth injury lawsuit?

      Birth injury lawsuits can take several months to years to resolve, depending on the complexity of the case, whether a settlement is reached, or if the case goes to trial.

    • Will I need to go to court?

      Not necessarily. Many birth injury cases are settled out of court, but if a fair settlement cannot be reached, the case may proceed to trial.

    • How much does it cost to hire a birth injury lawyer?

      Most birth injury attorneys – including those at our firm – work on a contingency fee basis, meaning you only pay if your case is successful, with fees coming from the settlement or court award.

    • Will a lawsuit always be successful if a baby is harmed at birth?

      There is no way to guarantee that a birth injury claim or lawsuit will be successful. Even with thorough evidence of liability and clear medical records, a case can swing in favor of the defense for unexpected reasons. Working with a birth injury attorney can give you more confidence as your case develops, and they can also tell you earlier on if they think there might be any issues in your claim that need more attention.

    • Who receives the money from a birth injury lawsuit?

      Money collected through a settlement or verdict award in a birth injury claim will be given to the child’s parents. However, some of the damages might technically belong to the child, not the parents, even if the child is still an infant when the birth injury case ends. In such a situation, the child’s finances could be placed into a set-aside account or trust that is inaccessible until the child becomes a legal adult.

  • General Questions

    • What is my case worth?
      We pride ourselves on taking only those cases that we believe have significant value. Often, they may yield six or seven-figure results, though prior results are not a guarantee of what you may obtain for your case. At the initial stage, it is impossible to give you a realistic estimate because your medical condition is subject to change, and we do not yet know all the strengths and potential weaknesses in your case. However, we are eager for you to consult with us often during the case, and we will discuss your cases’ value when the right time comes. We promise to do everything in our power to obtain the highest possible recovery for your injuries. Beware of lawyers who in order to induce you to retain them, promise you the sky, or more specifically, millions of dollars. All too often, you are left with an empty feeling at the end of your case when the amount recovered is way below what was promised in the beginning.
    • Is there a consultation fee?
      We have a no-fee guarantee which begins at the time of the first consultation. You do not pay any up-front fee to speak with us about your case. In fact, because we work on a contingent fee basis only, there is absolutely no fee unless we obtain money for you at the end of the case. No matter how much time and effort we put into your case-and we will put in a lot-there is no fee unless we obtain a settlement or collect on a judgment. We are proud to be able to say that 98% of our clients have received money for their injuries. Both in New York and New Jersey, the fee is set by law. The standard percentage is 33 1/3% in NY personal injury cases. For New York malpractice cases, and New Jersey malpractice and personal injury cases, there is a sliding scale that is set by law.
    • Who will pay my medical bills?
      In many instances, medical bills are paid through various forms of insurance coverage such as No-Fault (in auto cases), Workers Compensation (when the accident is job-related), and your personal health insurance (when injuries occur in premises). Rest assured that we will energetically assist you in getting your medical bills paid through insurance when possible. When you put yourself in our hands, we will work with you and for you to make the process move as smoothly as possible.
    • Do I have to pay expenses upfront?
      No, the expenses, or disbursements as they are often called, are paid by the attorneys as the case goes along.
    • Do I have to pay expenses at the end of the case?
      At the conclusion of the case, only in the event that money is recovered, the attorney will be reimbursed for a percentage of the money he has laid out in advance for disbursements. If there is no recovery, you will not have to pay any expenses. The no-fee guarantee means that when you retain our firm, there is no financial risk to you. The expenses that we layout are those that we feel are necessary to pursue your case to the fullest. Please be assured that what we spend is what is reasonable and necessary in order for us to properly prepare and prosecute your case. We will account for all expenditures to you at the end of the case with a detailed listing of all that we have spent in bringing your case to a successful outcome.
    • How long will my case take?
      We will move your case forward as quickly as we possibly can. Our goal is to get your case ready for trial quickly, but without skimping on what is necessary to best present your case before a jury. Some things are out of our control, however. Once we tell the court that your case is ready for trial, we have to wait our turn to be called in for trial. Don’t worry, we will let you know where things stand all along the way.
    • Who will be handling my case?
      A senior partner will be assigned to your case, has the overall responsibility for making sure that things are done to the best of our ability. We work as a team, discussing on a regular basis the important issues in your case.
    • Has Simonson Goodman Platzer handled this type of case before?
      We feel very strongly that we owe it to you to handle only those types of cases where we have a high degree of expertise. The senior partners have almost 120 years of experience amongst themselves, and the newer partners bring additional decades of experience. We will never say we have seen it all, but we have seen almost everything that might pop up.
    • What is expected of me as a client?
      It is very helpful for you to do the following: 1.) Do not talk to anyone about your accident or malpractice or your injuries except for one of the lawyers or investigators in our office. You may talk to your doctor(s) about your complaints; 2.) Keep a written record of all days lost from work due to your injuries; 3.) Obtain copies of all medical, hospital, and drug bills; 4.) Keep track of your out-of-pocket expenses 5.) Send us any relevant photographs pertaining to your case. This includes your injuries, damaged vehicle or accident site location; 6.) Gather your W-2, 1099, and tax returns for us; 7.) If you change your address, phone number, or e-mail, notify us immediately. Call if you have a question – we’re never too busy to speak to you.
    • As a referring attorney, will I be entitled to a fee if I refer a client?
      Yes. We are extremely grateful for the confidence that you place in us by recommending your client to our office. The ethical rules provide that participation fees are proper in specific instances, and we certainly honor that principle. We will memorialize our arrangement with you in a written document, and will account to you in detail should the case settle.
    • As a referring attorney, will my clients be well represented?
      Throughout our firm’s more than 30 year history, we have prided ourselves on the manner in which clients are treated. We truly believe that your client should be treated the same way we would want to be treated if we were the client. Moreover, we are extremely mindful that the client, in the first instance, is your client and we endeavor to protect your relationship with the client. If you put your trust in us, we will earn your respect.
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