How long does a birth injury claim take to settle?
In Oregon, the time it takes to settle a birth injury claim varies depending on the circumstances. Generally speaking, a case can take anywhere from one to two years to settle. This can be impacted by a number of factors, including what type of injury was sustained during birth, the severity of the injury, and the type of legal action being pursued. If the injured party has sustained a physical or mental injury due to medical negligence at birth, they may pursue a medical malpractice claim. These cases take longer to settle than other types of tort claims, such as those for wrongful death or property damage, on account of the complexity and difficulty of proving that medical negligence occurred. Furthermore, Oregon law imposes a number of time limits (i.e., statutes of limitations) that restrict the amount of time in which a claim for medical malpractice must be brought forward. In the event of a birth injury, the parties involved have the option of engaging in settlement negotiations before the case goes to trial. This can speed up the process significantly, as it allows both parties to agree on a figure that is satisfactory to both sides. Depending on the circumstances, these negotiations usually take place over the course of a few months. However, the settlement of a birth injury claim may ultimately end up being tied up in litigation if either side is unwilling to concede.
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