AI Insights Key Takeaways
- Birth injury claims are a form of medical malpractice in North Carolina and follow the same rules — including a qualified expert's pre-filing certification that the case has merit (Rule 9(j)).
- Malpractice claims generally must be filed within 3 years, and no later than 4 years after the malpractice (statute of repose) — but special timing rules can apply to a child's injury, so speak with an attorney promptly.
- North Carolina's cap on noneconomic damages ($712,847 as of January 1, 2026) can apply; economic damages such as a child's lifelong medical care are not capped.
- Schehr Law PLLC handles Charlotte birth injury cases on contingency — no fee unless we recover for your family.
General information, not legal advice. Every case is different — talk to an attorney about yours.
Birth injuries are devastating incidents that can have life-altering consequences for families. They often occur due to medical negligence or errors during childbirth, leading to severe physical, emotional, and financial repercussions. At Schehr Law PLLC, we understand the profound impact a birth injury can have, and as a dedicated birth injury lawyer in Charlotte, NC, our firm is here to support you through these challenging times and help you seek justice and compensation.
What Are Birth Injuries?
Birth injuries are physical injuries sustained by a newborn during labor and delivery. They can range from minor bruises to severe conditions that require lifelong medical care. Common types include:
- Cerebral palsy — a group of disorders affecting movement, muscle tone, and posture, often caused by brain damage before or during birth.
- Brachial plexus injuries — damage to the network of nerves that sends signals from the spine to the shoulder, arm, and hand, potentially causing weakness or paralysis.
- Fractures — broken bones, typically the clavicle, that can occur during a difficult delivery.
Common causes of birth injuries include medical negligence, improper use of medical instruments, and delayed C-sections. These injuries can lead to immediate and long-term consequences, including developmental delays, physical disabilities, and the need for ongoing medical treatment and therapy.
Legal Rights & Compensation
Victims of birth injuries in North Carolina have specific legal rights and protections under the state’s medical malpractice and personal injury laws. Families affected by a birth injury may be entitled to seek compensation for:
- Medical expenses — covering both immediate medical treatment and long-term care costs.
- Ongoing care — future medical care, therapies, and rehabilitation services.
- Pain and suffering — the physical and emotional distress caused by the injury.
- Other damages — including loss of income for parents who need to provide additional care.
Timely filing is crucial, as North Carolina law imposes strict deadlines for medical malpractice claims. In cases of gross negligence or intentional harm, victims may also be awarded punitive damages to punish the responsible party and deter similar conduct.
How Schehr Law PLLC Can Help
At Schehr Law PLLC, we provide comprehensive legal support to families affected by birth injuries, guiding them through every step of the legal process. Our services include:
- Initial consultation and case evaluation — a free consultation to evaluate your case and discuss your legal options.
- Gathering evidence and documentation — medical records, expert testimony, and witness statements, meticulously collected and organized.
- Filing claims and lawsuits — handling all paperwork accurately and on time.
- Negotiating settlements — negotiating with insurance companies and other parties to secure fair settlements.
- Representing clients in court — taking your case to court if necessary to secure the compensation you deserve.
Our client-centered approach means personalized legal strategies tailored to your circumstances, with regular updates and clear communication so you’re informed and comfortable every step of the way.
The Claims Process
Navigating the claims process can be complex, but understanding the steps involved helps families manage expectations and take the right actions:
Initial Steps
- Report the injury and document it with the healthcare provider.
- Obtain immediate and ongoing medical care for the injured child.
Contacting a Birth Injury Lawyer
Reach out to a birth injury lawyer to discuss your case and explore your legal options.
Filing a Claim
- Complete all required forms accurately.
- Meet all legal deadlines so you don’t jeopardize your claim.
Pursuing a Lawsuit
- Identify who is responsible for the injury.
- File a lawsuit if a fair settlement cannot be reached.
Appealing Denied Claims
- Follow the necessary steps to appeal a denial.
- Gather additional evidence to support your appeal.
- We represent you in hearings to protect your rights.
Why Choose Schehr Law PLLC
Choosing the right law firm can make a significant difference in the outcome of your case. Our team has a deep understanding of the unique challenges birth injury victims and their families face, with years of experience navigating the legal system, handling insurance companies, and building strong cases to maximize compensation. We treat each client with compassion and respect, developing a customized legal strategy and maintaining open communication every step of the way. You never pay a fee unless we win.
Frequently Asked Questions
What should I do if I suspect a birth injury?
Seek immediate medical attention for your child. Document any signs of injury and consult with a birth injury lawyer in Charlotte, NC to discuss your legal options.
How long do I have to file a birth injury claim in North Carolina?
In North Carolina, the statute of limitations for filing a birth injury claim is generally three years from the date of the injury. However, specific circumstances may affect this timeframe, so it is important to consult with an attorney as soon as possible.
Can family members file a claim on behalf of a birth injury victim?
Yes, parents or legal guardians can file a claim on behalf of their injured child to seek compensation for medical expenses, ongoing care, and other damages.
What if my claim is denied?
If your claim is denied, you have the right to appeal the decision. Schehr Law PLLC can assist in this appeal process by providing expert legal advice, collecting further evidence, and representing you in hearings.
How much does it cost to hire Schehr Law PLLC?
Schehr Law PLLC operates on a contingency fee basis, meaning you don't pay any upfront fees. We only get paid if we win your case, ensuring that our interests are aligned with yours. For more information or to schedule your free case evaluation, contact Schehr Law PLLC today. Our dedicated team is ready to assist you in your journey towards justice and recovery.
Talk to a Charlotte Birth Injury Attorney Today
The sooner you consult an experienced attorney, the sooner you can begin taking control of your situation. At Schehr Law PLLC, we handle the complexities of your legal claim so you can focus on recovery and care for your child while we push for the full compensation you deserve. Contact us today or call (704) 900-0336 to schedule a free case evaluation.