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Class action lawsuits are a highly effective way to hold companies responsible for their actions. These cases involve many injured victims with the same or similar harm. Class actions are designed to reduce the costs each individual plaintiff incurs and reduce the strain on America’s courts. These cases help individuals go up against powerful companies that otherwise might walk all over them and deny their claim — even when they know they are at fault.

You may be wondering: “How much does a class action lawsuit cost?” The cost of filing a class action lawsuit depends on many factors, including the type of case and how your class action attorneys handle fees. This article will help you understand the costs of a class action lawsuit and who will pay.

How Much Does a Class Action Lawsuit Cost?

It costs you nothing to join a class action lawsuit. If you were notified of your eligibility to join a class, just follow the instructions. You may be automatically included in the class and given the option to opt out. Or, you may need to take some steps to join the class action lawsuit as outlined in the directions.

Most plaintiffs in a class action will not have any costs. In some rare instances, the class representative may have some costs, but these are usually borne by the class action litigation attorneys.

What a Class Action Lawsuit Is and Why You Should Consider Joining

A class action lawsuit is when a group of individuals files a single legal action against a defendant or defendants. These cases make what may feel like an impossible fight on your own very possible. 

You should join a class action lawsuit when you do not want to file an individual claim. Instead, you can let the class representative and the class action litigation attorneys seek compensation on your behalf. In these cases, you often don’t need to do anything in order to win your share of the monetary damages.

The Types of Class Action Lawsuits

Class action lawsuits are common in situations such as:

• Lawsuits against pharmaceutical companies 
• When an entire class has similar harm
• Cases for injunctive relief to prevent a defendant from continuing a certain action
• When it would be difficult to win as a single person filing a lawsuit
• Defective products lawsuits
• Insurance claims
• Securities fraud lawsuits
• Toxic exposure claims
• Unfair or illegal employment practices lawsuits

How Much It Costs the Class of Plaintiffs

Class action suits negate your individual cost in joining the legal action. In nearly every class action lawsuit, a member of the class has no costs to pay. The costs of the litigation are handled by the class action attorneys and law firms handling the case. This means that you could be entitled to substantial compensation even without putting your money on the line to bring the case.

How Much It Costs for Class Representatives

The class representative is a single plaintiff whose claim matches the definition of the class. Their injuries represent common questions of fact and law of the entire class. This person represents the potential plaintiffs during the class certification phase of litigation. Once picked, they are typically the only plaintiff actively engaged in the litigation moving forward.

For example, if a drug company’s medication caused cancer, a single victim could represent the entire class that suffered similar harm and damages. The class representative rarely has any costs in class action suits. In most situations, the law firm handling the class action suit takes on all of the costs for the litigation.

Attorney Fees

Most class action attorneys collect fees on a contingency basis. This means that the attorneys and law firm only collect fees if they win compensation for their clients. The attorneys take a percentage of the total winnings, minus costs, and the rest of the compensation is distributed among the plaintiffs. In some cases, the defendant may be responsible for attorney fees or costs, depending on the type of lawsuit and facts of the case.

The contingency fee basis makes it possible for plaintiffs to win compensation without putting any money into the litigation or incurring risk.

What Additional Fees Can You Expect?

Additional fees may include expert costs, costs of investigating the case, court costs, and more. However, these expenses might be paid by the defendant or come out of the total settlement amount. 

You should not owe any fees — they are simply paid out of the settlement or jury verdict.

Financial Compensation the Plaintiff Class Can Expect

A class action lawsuit may help you win substantial compensation. You may receive compensation after a successful claim, or you can make a claim against an existing common fund. The types of compensation you may win in successful class action litigation includes:

• Past and future medical costs
• Costs of rehabilitation
• Costs of assistive devices for new disabilities
• Lost income and lost earning capacity
• Property damages
• Pain and suffering
• Loss of consortium (loss of companionship and support)
• Disfigurement or scarring
• Wrongful death damages

In some class action lawsuits, punitive damages may also be available. Punitive damages are additional compensation designed to punish particularly egregious, wrongful, or intentional conduct by a defendant. These damages are not available in every case. However, when available, they often represent a significant portion of a class action damages award.

A Law Firm You Can Trust With Your Class Action Settlement

Class action litigation may benefit your law firm or you as an individual. If you have a potential class action case or are a member of a class action lawsuit, we are ready to speak with you. We will help you know your rights and how to win financial compensation. Contact us today to learn more.

The Federal Motor Carrier Safety Administration (FMCSA) regulates commercial motor vehicles in the United States. FMCSA rules and regulations include hours of service for drivers, drug and alcohol testing, vehicle testing, and much more. The agency’s accountability and compliance programs are designed to hold trucking companies and drivers accountable for safe driving and other practices.

When drivers or companies choose not to comply with FMCSA regulations, there are significant penalties they may face. These violations are also helpful evidence in a trucking accident personal injury claim. Familiarity with these rules and regulations can help you understand your rights after a truck accident.

What Is the FMCSA?

The Federal Motor Carrier Safety Administration is a national government agency headquartered in Washington, D.C. However, its rules and regulations reach across the entire nation. The FMCSA is a part of the U.S. Department of Transportation (DOT) and regulates the commercial motor vehicle industry.

The agency’s primary mission is to keep roadways safe for America’s drivers. It seeks to reduce injuries, crashes, and fatalities involving large buses, trucks, and other commercial motor vehicles.

What the FMCSA Regulations Cover

FMCSA rules and regulations cover various commercial truck and motor vehicle activities. These regulations apply at the federal and state levels for most commercial drivers. FMCSA regulations cover each of the following:

Commercial Driver Licensing Requirements

Any truck driver in the U.S. must meet strict qualifications and requirements to drive a commercial vehicle. The FMCSA rules and regulations dictate many conditions these commercial drivers must meet. FMCSA driver licensing regulations require that a driver:

• Have a state-issued driver’s license
• Be at least 21 years of age
• Have at least 20/40 vision or appropriate lenses
• Pass a driver’s road test or equivalent
• Have good hearing
• Not have a felony drug, alcohol, or motor vehicle offense on their record
• Submit to drug and alcohol testing
• Have a sufficient understanding of the English language to fill out reports and documents, read road signs, and communicate with other road workers

These driver requirements ensure that only safe drivers are handling these massive vehicles on U.S. roadways. Drivers who violate these rules — or companies that hire non-compliant drivers — face significant civil penalties and potential criminal charges.

Required Hours of Service

The FMCSA regulates the number of hours drivers spend on the road. These hours of service (HOS) rules dictate how and when drivers may operate their motor vehicles and when they have duty time and rest periods. This is meant to eliminate the risk of driver fatigue. Many companies push their drivers to work extremely long hours to increase profits. This creates a significant risk of a driver falling asleep behind the wheel and causing a devastating accident.

Commercial motor vehicle operators must log their hours into an electronic logging device, which replaces paper logs. These e-logs connect to a vehicle’s engine and automatically report driving time. Companies that fail to follow hours of service guidelines can face severe penalties, but many companies violate these rules anyway.

Equipment, Operation, and Markings of Commercial Motor Vehicles

FMCSA regulations also govern how commercial vehicles are operated and marked and how equipment is installed and used. 

Any company or individual required to have a U.S. DOT number must also mark their vehicles appropriately. Under federal law, a vehicle involved in interstate commerce must have a U.S. DOT number when certain standards apply. 

This is not an exhaustive list, but a vehicle needs a U.S. DOT number when it:

• Is used to transport quantities or types of hazardous materials that require special safety markings and permits
• Has a gross weight rating of 10,001 pounds or more
• Is used or designed to transport more than eight passengers, including the driver, for compensation
• Is used or designed to transport more than 15 passengers, including the driver, even if it is not used for compensation and is a part of interstate commerce

Many specific requirements apply to commercial motor vehicle carriers. These companies must comply with federal regulations or risk severe penalties.

Drug and Alcohol Consumption

The FMCSA mandates drug and alcohol testing for employees who require a commercial driver’s license (CDL). These drug and alcohol regulations name which drivers are subject to testing and when they may be subject to testing. They also specify how drivers must be tested before they are permitted to get behind the wheel of a large motor vehicle.

Under FMCSA drug and alcohol regulations, drivers must be tested for drugs and alcohol in the following situations:

• If there is reasonable suspicion/cause that the driver is intoxicated
• Before being hired as a CDL driver
• When the driver returns to duty
• After a report of potential drug or alcohol abuse or dependence
• After an accident or other incident 
• At random times

Potential Penalties for FMCSA Violations

Violations of FMCSA rules and regulations can result in severe penalties for companies and individuals who violate them. Civil penalties may range from a few hundred dollars to hundreds of thousands. Combined or repeated violations of FMCSA rules may result in millions of dollars in total fines.

Penalties are imposed after a compliance review, investigation, and audit. The FMCSA uses roadside inspections and other investigation techniques to discover and penalize violations. The specific amounts of each violation are subject to yearly change, and adjustments can be found in the Federal Register.

Other potential impacts of a violation include:

• High out-of-service costs for drivers and trucking companies
• Continuing fines for recurring violations
• Criminal charges for certain types of violations
• Ability to use the violation as evidence in a personal injury lawsuit
• Loss of CDL driving privileges or motor carrier licenses

Get Help With Your Trucking Accident Personal Injury Claim

Trucking accidents can be devastating. They often lead to severe physical injuries, financial harm, and emotional suffering. If a truck driver or trucking company violated FMCSA regulations and caused your truck accident, the violation may be helpful evidence in your personal injury claim.

At McEdlrew Purtell, our truck accident personal injury lawyers understand FMCSA rules and how they may impact your personal injury claim. Our team can investigate your case to determine fault and prove monetary damages. Our lawyers also work with small law firms or individual practitioners with cases requiring significant funding or knowledge, such as major truck accidents.

Our truck accident attorneys have what it takes to pursue compensation for FMCSA regulation violations. Contact us today for a consultation.

As a hardworking railroad employee, you enjoy many exciting career opportunities but are also exposed to alarming risks. It’s common to suffer minor scrapes, but railroad workers are also vulnerable to broken bones, concussions, or even severe burns. 

Given these risks, it’s important to be fully prepared for the real possibility of suffering a workplace injury. Research highlighted by the National Safety Council (NSC) revealed that railroad employees suffered 3,216 workplace injuries in 2021. That year, 11 railroad workers tragically died on the job. 

Federal Employers Liability Act (FELA) claims account for the inherent risks of railroad work by providing a targeted approach to getting compensation for employees. The process for securing damages can seem complex, but it provides a compelling opportunity to secure damages above and beyond what might be possible with conventional workers’ compensation. 

If you understand how this process works and what you stand to gain from it, you could leverage this opportunity to maximize your damages. Keep reading to learn why it’s so important to get a skilled FELA claims attorney in your corner. 

What Is a FELA Claim?

The Federal Employers Liability Act provides an alternative avenue for railroad workers to seek relief after suffering on-the-job injuries. The legislation became necessary more than a century ago, when the proliferation of railroads led to a shocking number of employee deaths and injuries. 

Drawing on examples of states that had successfully implemented legislation to protect railroad workers, the U.S. Congress passed the act to overcome many of the limitations posed by workers’ comp — which, at the time, was generally the only option employees had to collect damages. 

FELA claims should not be confused with workers’ compensation. Both solutions do provide compensation opportunities for employees who have been injured on the job. That being said, FELA was purposefully enacted to exempt railroad professionals from state-based workers’ comp rules. 

FELA applies a fault-based approach, whereas workers’ comp removes fault from the equation to prevent workers from filing personal injury lawsuits against their employers. Under FELA, however, injured employees can proceed with lawsuits, so long as they are able to prove some degree of fault on the employer’s part. 

How FELA Claims Work

FELA is not centered around employers’ insurance companies, but rather, it involves filing lawsuits at the state or federal level. These claims bypass the limits on damages that are typically applied in workers’ comp cases, so they largely echo personal injury lawsuits in this regard. 

Coverage

At first glance, FELA coverage seems simple: If you’re a railroad worker and suffer an injury on the job, you should be entitled to damages. In reality, however, much of the conflict in FELA cases stems from the definitions of who exactly qualifies as “employed” and whether they were actually injured in the line of work. 

What’s more, FELA applies only to common carriers that are involved in interstate commerce. Although the burden of proof is dramatically reduced as compared to personal injury claims, it’s still necessary to demonstrate some degree of negligence.

Thankfully, the FELA definition of “agent” is extensive enough to cover those classified as independent contractors. Still, most defendants will make every effort to argue that claimants are not eligible. 

Some have claimed that if the injured worker was not actually on the clock during the injury, they are not eligible for compensation. Often, these questions are settled on a case-by-case basis, reinforcing the need for strong legal representation. 

FELA Claims Benefits

Depending on the nature of your injuries and the quality of your legal representation, you could secure extensive benefits upon filing a FELA claim. These typically fall under a few main categories: 

• Medical expenses: Health care bills can add up quickly in the aftermath of a railroad injury. From hospital visits to medications and even long-term physical therapy, these bills can be covered if your FELA claim is successfully resolved. This category accounts for both the medical bills accrued at the time of the claim and additional health care costs that are anticipated in the future. 
• Lost wages: Many railroad injuries are severe enough to prevent employees from immediately returning to the workplace. These lost wages can be especially alarming when medical bills begin to pile up. Compensation for lost wages should limit the financial suffering that can occur if you’re unable to work. If your railroad injury leads to a long-term disability, this category could also encompass losses in future earnings. 
• Pain and suffering: All types of railroad injuries can lead to significant emotional distress. In some cases, this becomes severe enough to lead to diagnoses of depression, anxiety, or post-traumatic stress disorder. Even if mental concerns don’t reach the level of being diagnosable, you deserve damages in recognition of your physical and emotional suffering. This is where non-economic damages such as pain and suffering come into play. 

FELA Claims Process

If you’ve been injured on the job and are ready to proceed with the FELA injury claims process, it’s crucial that you get in touch with a knowledgeable attorney who can provide valuable legal advice. As we’ve discussed, this representative will help you demonstrate that you’re eligible while also clearing hurdles such as the required burden of proof. 

Once you’ve contacted an attorney, the process will largely resemble that of a personal injury lawsuit. Both your attorney and your employer will conduct thorough investigations into the incident, followed by discussions of a settlement. The claim will need to be filed within the three-year statute of limitations.

While some cases are settled quickly, it’s possible that your attorney will move forward with filing and serving a complaint. The defendant must respond within a predetermined period of time. The discovery process follows, encompassing an exchange of relevant documents, as well as written questions known as interrogatories and perhaps even depositions under oath. 

Sometimes, mediation is pursued in hopes of resolving the case before it goes to trial. Otherwise, attorneys for both sides will have the opportunity to present the facts of the case to a jury or judge. 

It Could Be Time to Hire a FELA Claims Lawyer

A skilled FELA claims lawyer could make a world of difference as you seek damages. Don’t suffer in silence; work with a FELA attorney to get the compensation you deserve. To learn more about this process and what experiences FELA attorneys can do for you, get in touch today. 

You’ve undoubtedly heard of class-action lawsuits. You may have even reaped the benefits of one without fully understanding what this type of legal action is or how it works. Despite the media coverage of class-action settlements regarding large companies, there are many common questions about these legal proceedings. How do class-action lawsuits work? What are some examples of class-action lawsuits? Where can I learn about active class-action lawsuits? 

This article will answer some of these common questions about class-action procedures. 

What Is a Class-Action Lawsuit?

A class-action lawsuit is a special kind of civil court procedure in which one or more plaintiffs file a lawsuit on behalf of a larger group, or “class.” In this type of lawsuit, at least one individual or business entity acts as a representative of the entire group. Plaintiffs can file class-action lawsuits in state courts and federal courts. 

Typically, the people or business entities involved in filing a class-action lawsuit have suffered some type of common injury as a result of the conduct of the defendant or defendants. In a class-action lawsuit, all class members share the commonality of experiencing the issues in dispute.

Class-Action Lawsuit vs. Mass Tort

Many people often confuse class-action lawsuits with mass torts. While both types of cases lead to similar outcomes, the difference is in how they are handled. In a mass tort, the group of injured plaintiffs is often smaller than that in a class-action lawsuit. Also, the court treats each plaintiff involved in a mass tort as an individual, which means the court requires the individual plaintiffs to ensure they are filing legitimate claims by proving certain facts, such as how the defendant injured them specifically.

Benefits of Participating in a Class-Action Lawsuit

When it comes to civil claims, the individual litigants could bring separate actions against the defendant, but in many cases, it’s more practical for all parties involved to combine the individual actions into a single lawsuit by employing the class-action device. Other benefits of using a class-action lawsuit instead of bringing separate actions include:

• The legal proceedings will be more expeditious and cost-effective.
• The litigants have a greater chance of successfully pursuing a claim as a group.
• Class-action lawsuits lower the cost of legal claims for each individual or legal entity.
• The court can focus its resources on the common issues within the lawsuit instead of managing multiple similar lawsuits on its docket.
• Members can choose to opt out of any eventual settlement and pursue an individual claim. 

Who Pays Legal Fees in a Class-Action Lawsuit?

The settlement agreement in a class-action lawsuit usually includes an award to the class counsel. This means that the settlement agreement allocates a specific dollar amount or a percentage of the total settlement to pay the plaintiffs’ legal fees. 

Where Can I Find Open Class-Action Lawsuits?

You can review a list of open class-action lawsuits on the Consumer Action website. 

What Are Some Examples of Class Settlements?

The U.S. Department of Justice website is an excellent source of information regarding past class-action settlements and lawsuits.

Elements of Class-Action Lawsuits (Rule 23)

The Federal Rules of Civil Procedure govern civil proceedings in U.S. district courts. Rule 23 states, in part, that for a group of individuals or entities to qualify as a class to file a lawsuit on a class basis, they must first meet certain legal requirements. Any party who seeks class certification must satisfy the following four requirements.

Numerosity

This element means that the class is so large that it is impractical to join all of its members under a lawsuit that a single individual initiates. Regardless of the actual number of people or entities affected, the essential element is that it would be impossible to add all of the plaintiffs to an existing lawsuit. Instead, the plaintiffs must first qualify as a class and then file a class-action lawsuit.

Commonality

To meet this requirement, there must be questions of law or fact common to the class. In other words, all of the class members must share common suffering from an action or inaction caused by a common set of facts; therefore, the court should decide these issues by applying similar legal standards. 

Typicality

This element means that the representative party or parties are making claims that are typical of the claims or defenses of the overall class. 

Adequacy of Representation

Finally, to meet this requirement, the representative party or parties must be able to provide adequate representation for the entire class and must fairly and adequately protect the interest of the class. To ensure this, there must be no conflicts of interest, and it is essential to secure competent legal counsel. 

How and Why the Time You Sue Matters

When it comes to participating in a class-action lawsuit, timing is vital. There are several deadlines to be aware of when you consider participating in an existing class-action lawsuit. It is essential to remember that these deadlines are firm; plaintiffs do not have additional time to participate if they miss a deadline.

Claim Form Deadline

Generally, to participate in a class-action lawsuit, you must file a claim with the settlement administrator. This is an individual who oversees the claim filing process and payouts to members of the class. 

The claim form deadline is the last day on which you can file a claim online or, if you’re filing via U.S. mail, the date by which your claim must be postmarked. 

Exclusion or Opt-Out Deadline

The exclusion deadline, also known as the opt-out deadline, is the final day by which a class member may exclude themselves from a class-action settlement. You may choose to exclude yourself if, for example, you do not agree to the terms of the proposed settlement. 

If you do choose to opt-out, you will not be bound by the terms of the settlement agreement. This means you will not receive a cash payment or other benefits from the class-action settlement, but you will still have the right to file your own individual lawsuit against the defendant or defendants.

Objection Deadline

If you participate in a class-action lawsuit but disagree with the final terms of the settlement or the settlement amount, you may choose to object. The objection deadline is the last day by which you must file your objection.

Final Approval Hearing

During the final approval hearing, the judge hears arguments from both the plaintiff’s side and the defendant’s side about the appropriateness of the settlement. 

Trust the Right Law Firm for Your Legal Services

If you believe you may qualify to join or initiate a class-action lawsuit, it’s important to speak with an attorney first. Contact McEldrew Purtell today for a free consultation.

Train accidents can lead to devastating injuries. This catastrophic harm can lead to high medical bills, financial struggles, and severe pain. These accidents are often the result of negligence. You could be owed substantial compensation for your injuries if that is the case.

If you were recently involved in a train crash, you could have a case for a train accident lawsuit. Your attorney can help you prove the elements of your claim and help you seek the compensation you deserve.

What Is a Train Accident Lawsuit?

A train accident lawsuit is like other legal claims that seek monetary compensation from a negligent party. This usually occurs when train passengers sue the train company or other negligent party for their injuries. Their careless actions or inactions may make them legally liable to the injured parties.

High-speed trains, commuter trains, and much more may be involved in a railroad accident. Train cars may derail, high-speed trains can crash, and an accident at a railroad crossing could cause severe injuries.

What Makes Up a Train Accident Lawsuit?

There are many parts to a train accident lawsuit. Every case is different and its unique facts may change how the case should be handled. This could even mean different legal causes of action based on the type of accident, how it occurred, or the injuries that are involved.

Injury or Death Due to Train Collisions

A train crash is likely to cause very serious injuries or even death. Serious and catastrophic injuries are not only painful, they require serious medical intervention. Injuries from a train accident may include, but are not limited to:

• Broken bones
• Traumatic brain injury
• Severe burns
• Lacerations and cuts
• Loss of limb or amputation
• Paralysis and spinal cord injuries

The other possibility is that a person dies from a train accident. When this happens, a wrongful death lawsuit is likely appropriate. This is a lawsuit by the surviving family members for compensation related to the death of their loved one.

Negligence: Negligent Design or Operator Errors

Negligence occurs when a party breaches a reasonable duty of care to protect others. Train companies and other parties have a duty of care towards train passengers to help keep them safe.

One common problem is a negligent design of the train, train parts, or even a track. When a company designs a defective or dangerous product on the train, it can cause severe injuries and even a train accident. The designer and manufacturer of that defective part may be responsible for the harm they caused.

Other train accidents are caused by operator errors. The train operator is supposed to know how to safely manage and operate the train. When they are negligent, you may be able to hold the train operator responsible for your injuries.

Damages and Monetary Compensation

A train accident lawsuit seeks compensation for injured passengers and their family members. Monetary compensation may include:

• Past and future medical costs
• Costs of rehabilitation
• Property damages
• Lost income and earning capacity
• Pain and suffering
• Loss of consortium
• Wrongful death damages

This monetary compensation can help you and your family move forward after a devastating train accident. Train accident victims deserve quality representation in their case.

Common Causes of Train Accidents

Determining the cause of the train accident is a key part of proving the legal claim. A qualified train accident attorney knows how to investigate the case and learn what caused the train accident.

Dangerous Conditions

Many trains are poorly maintained and left in a dangerous condition. Train companies often fail to properly fix problems they know exist or follow standard maintenance schedules. This can lead to faulty trains that may derail and cause severe harm.

Dangerous conditions can also include:

• Slip and fall hazards on the train
• Exposed electrical wiring
• Cracked train tracks
• Lack of lights on the train so other vehicles can’t see it

Inadequate Training

Train operators and other staff need proper training. A train is a dangerous piece of equipment. It is massively heavy and can cause severe harm. When train operators get insufficient training, they may not know how to avoid common problems or keep their passengers safe. This can lead to devastating and deadly accidents.

It is the train company’s job to adequately train its operators and employees. Its failure to do so could make it financially liable to you or others that were harmed in the train accident.

Driver and Pedestrian Negligence

One of the most common causes of train accidents is a driver’s or pedestrian’s negligence. Drivers try to outrun a train and cause a severe accident. Others leave a vehicle on the track and cause an accident that way.

Other accidents are caused by pedestrians who stay on the track even when a train is coming. The sudden stop to avoid the pedestrian can lead to passenger injuries or worse.

Traveling Too Quickly

Train operators are supposed to know how fast to travel in certain zones. Many purposely or negligently travel too fast and can cause serious injuries. This can lead to a train derailment on railroads or a crash into train stations.

Defective Tracks or Obstructions

Other train accidents are due to defective or broken tracks. Defective tracks may be caused by poor design or faulty materials. They may also be due to negligent maintenance and care of the tracks.

Train companies are also supposed to be aware of possible obstructions. Their negligence in clearing tracks may mean they owe you substantial compensation for your injuries.

Do You Need a Train Accident Lawyer?

You need train accident lawyers who know how to handle these complex cases. Train accidents are often caused by a train company’s negligence. The train company will fight hard and use high-powered legal teams to try to avoid liability.

If you were injured in a train accident, let a qualified attorney from McEldrew Purtell help you fight for the compensation you deserve. We also help small firms and individual attorneys with referral services when dealing with complicated cases like train accidents. Let us know how we can help. Contact us today. 

While pregnant women often anticipate a beautiful and even exciting childbirth experience, they also face the potential of birth trauma. This kind of traumatic event can cause significant harm to the physical and mental health of the mother and child. 

When medical professionals like doctors and nurses make errors that lead to birth trauma, the mother may have a legitimate claim for compensation. However, to determine whether you should file a birth trauma lawsuit, it’s important to first examine what birth trauma is and in what situations healthcare providers are at fault.

What Is Birth Trauma?

Birth trauma refers to physical or psychological trauma that occurs during or after childbirth. Although it is common in situations like premature labor, any mother or child can be harmed during birth. 

Mothers may experience physical injuries during cesarean sections (C-sections) or vaginal deliveries: 

• Perineal tears
• Pelvic fractures
• C-section wounds
• Pelvic floor muscle damage

In addition, six to eight injuries occur to babies for every 1000 live births. These injuries may be minor or severe and can include: 

• Bone fractures
• Nerve damage
• Cuts and lacerations
• Intracranial hemorrhage 
• Brain damage

Physical injuries, no matter which party experiencing them, often lead to severe emotional distress for the mother. This can lead to various psychological conditions, including postnatal depression and anxiety. 

How To Determine Whether You Have a Case

When evaluating whether you have a valid birth trauma case, you will need to consider two key points. First, you should examine what causes birth trauma. With this knowledge, you can begin to determine whether it was the result of negligence or malpractice on the part of medical professionals. 

You or Someone You Know Experienced a Birth Injury

A person who suffers from a physical or emotional birth injury may be entitled to compensation. Although you do not need to specifically categorize your trauma before contacting an attorney, it is wise to have a general understanding of what you experienced. 

Traumatic Childbirth

Childbirth trauma is typically the result of unexpected changes, injuries, or events during the birthing process. It can occur not only during difficult births but also in those that result in a healthy baby and few or no injuries to the mother.

Many circumstances can cause traumatic childbirth, including: 

• A sudden change in the birthing plan, such as conducting a C-section when the mother planned for a vaginal delivery
• The mother or baby suffering a birth injury
• The baby needs medical attention after birth
• Stillbirth
• Insufficient care

Medical staff might offer inadequate care at the time of birth or shortly after. For example, a doctor might neglect to order a brain scan for a baby with apparent damage to the head or fail to provide a blood transfusion to a mother who experienced a hemorrhage. 

After traumatic childbirth, women sometimes experience psychological effects, such as panic attacks and obsessive-compulsive disorder (OCD). They may also be fearful of any subsequent childbirth. 

Post-Traumatic Stress Disorder

Post-traumatic stress disorder (PTSD) is most frequently associated with military service, but women with traumatic births are at risk of experiencing post-partum PTSD. Just as soldiers can be traumatized by warfare, mothers can experience deep trauma due to the fear and pain associated with childbirth.

Studies have shown that as many as 4% of births lead to PTSD. The symptoms include: 

• Intrusive memories of the event
• Flashbacks 
• Nightmares
• Isolation
• Anxiety 
• Irritability 

These symptoms can cause problems in personal relationships, at work and school, severely inhibiting a person’s ability to live a fulfilling and enjoyable life. 

Cranial Nerve Injuries

There are several kinds of nerve damage and injuries that babies experience during childbirth. For example, when the nerves that connect the spinal cord to the shoulder, arm, and hand are excessively stretched, the result is a brachial plexus injury. This causes numbness and difficulty with movement. 

More common, however, are cranial nerve injuries, particularly facial nerve injuries. These usually occur when a doctor uses forceps during a birth. The pressure applied to the nerve causes damage, making it difficult for the child to move the affected side of the face. 

Your Birth Trauma Experience Was at Fault of the Health Care Provider

Not all birth trauma is the result of negligence or malpractice. However, there are cases in which preventable trauma occurred because doctors or nurses failed to provide appropriate care.  

Imagine that a health care provider neglects to properly monitor the mother’s condition and does not observe that her heart rate and blood pressure are extremely elevated. The birth proceeds as normal with no additional precautions, and the mother experiences a stroke. 

This is a situation in which better care on the part of the nurses and doctors may have prevented the mother from experiencing a life-altering medical event. Their negligence has affected not only her childbirth experience and well-being in the moment but also her health and financial stability moving forward. She will likely face enormous expenses from the cost of care, rehabilitation, and physical therapy, as well as lost wages due to her limited ability to work. 

Other examples of improper behavior on the part of medical staff during childbirth include: 

• Using excessive force on the baby during delivery 
• Failing to prevent or causing unnecessary tearing or bleeding on the part of the mother
• Misusing birthing tools like forceps or a vacuum 
• Neglecting to perform an emergency C-section 

While medical professionals cannot be held to a standard of perfection, justice is necessary when their errors cause the mother or child to suffer. 

Contact an Attorney To Get Compensation for Your Traumatic Birth Experience

If you or someone you know has experienced physical or emotional distress due to childbirth, contact an attorney with a winning track record in birth trauma litigation. An experienced birth trauma attorney will advocate for you to receive fair compensation. Contact McEldrew Purtell for a free case evaluation.