Need advice?
Get in touch.
Frequently Asked Questions
If you’re unsure about how to start a birth injury claim, our FAQs have answers to clients’ most common questions.
Is there a time limit for making a birthing injury claim?
South Australian laws allow up to three years from the date of an injury for people to make an injury claim. This time limit includes mothers who have suffered birth trauma. However, babies who suffer injuries have until their 21st birthday to claim. This is usually enough time for the injuries to stabilise.
There are some situations in which it’s not possible for you to claim within these time limits (known as limitation periods). That’s why we recommend that you come in and see us for an obligation free first interview, even if you’re out of time.
Do I need a specialist birth injury lawyer?
Although birth trauma claims form part of medical negligence claims, there are some good reasons why a specialised birth injury lawyer can represent you more effectively. A good birth injury lawyer will have a deep understanding of birth injury issues such as brain injury. They also need to be able to work out the point at which something went wrong to cause the injury. For example, there was a complication with the baby’s heart rate, or something was overlooked during the monitoring of labour. Whatever it was, the ability of the lawyer to pinpoint the issue often makes a big difference to the cost, speed and success of birth injury claims.
How do I start?
The first step is to book an obligation free first appointment with one of our lawyers. We need to hear your story and work out if you have a claim. First appointments can often last for two to three hours, but no matter how long it lasts, there will be no charge if you decide not to go ahead. If you do go ahead, there will be a charge but it will not be payable until the end of the case and only if you are successful in receiving compensation.
What costs should I expect?
We will offer you a no win, no fee arrangement. This means that if you don’t receive compensation, we don’t bill you. Because we spend a good deal of time with you at the first interview, we can work out whether it’s likely that you’ll receive compensation from the insurer, usually as a settlement payment. If you are successful, the insurer usually pays most of our legal costs. This arrangement doesn’t include disbursements, which are out-of-pocket expenses for things such as expert medical report fees.
Is there funding I can apply for to help with the cost of my claim?
Because we know that disbursements alone can add up, we can help you secure funding from a third party provider. During our “obligation free” first interview, we can help you make an application, and we’ll tell you whether we think your funding application will be successful.