Birth trauma refers to physical or psychological injuries that occur during labor or delivery — either to the baby (neonatal trauma) or the birthing person (maternal trauma).
When your child suffers an injury at birth, everything changes in an instant. The medical bills, therapy costs, and emotional stress can be overwhelming. In those moments, you’re not just looking for a medical malpractice lawyer—you’re looking for someone you can trust to fight for your family’s future.
Finding the best birth injury lawyer isn’t about choosing the biggest ad or flashiest website. It’s about finding someone who understands Illinois law, knows how to build strong medical malpractice cases, and truly cares about what happens to you and your child.
Since 2001, Illinois Lawyers has connected people with top Illinois medical malpractice lawyers. Contact Illinois Lawyers at 312-346-5320 or 800-517-1614 for a free, confidential consultation and referral to the most experienced lawyer for your case.
Key Takeaways
- Birth injury lawyers help families pursue justice and compensation after preventable medical mistakes during childbirth.
- These birth injury medical malpractice attorneys specialize in medical malpractice cases involving newborns with conditions like cerebral palsy, Erb’s palsy, HIE, brain damage, or brachial plexus injuries.
- Compensation can cover medical treatment, therapy, lifelong care, and other related expenses.
- Top birth injury lawyers work on contingency, meaning no upfront fees—they only get paid if you win. They guide families through every legal step: free consultation → evidence collection → filing → negotiation → trial (if needed).
- Strong cases rely on medical records, expert testimony, and proof of negligence (e.g., failure to monitor fetal distress or misuse of delivery tools).
- Timely action is critical—there is either two or eight years to sue in Illinois depending on if the doctor is part of a Federally funded clinic or not.
- The best lawyers have a proven record of multi-million-dollar settlements and access to medical experts and nurses to evaluate cases.
- There are about ten or so great birth injury firms in Illinois that have a real track record of success. Cases are worth more in their hands. We will provide you a free case review and refer you to one of these top firms based on your case facts.
What Injuries Can You Sue For?
There is no one list of things you can sue for. You can potentially sue for any injury that happens. The most common ones include:
- Cerebral palsy caused by oxygen deprivation or delayed C-sections
- Shoulder Dystocia caused by improper handling or failure to perform a C-section can cause serious injuries.
- Erb’s palsy caused by improper use of forceps or vacuum tools
- Skull or Bone Fractures caused by rough delivery techniques or misuse of tools; these injuries should always be investigated.
- Facial Paralysis caused by pressure or forceps use during delivery
- Hypoxic-Ischemic Encephalopathy (HIE) caused by lack of oxygen
- Other Brain Injuries damage or developmental delays from poor monitoring during labor
Any birth injury lawyer we refer you to will have a demonstrated track record of handling cases similar to yours. For the most part there is not an injury that has not happened before. Fact patters are always different, but the injuries themselves do not change. It is very important to work with an attorney who understands the medicine and which experts to consult with.
Our Process In Recommending A Lawyer For You
We are lawyers and have been helping people find the best lawyer for their unique case since 2001. Every attorney we recommend is independent from our firm. Nobody pays us to recommend them.
Being experienced lawyers ourselves, we are involved in monitoring who is doing the best work on cases. Most settlements and verdicts get publicized either through legal journals like the Chicago Daily Law Bulletin or private listservs that injury attorneys belong to. While nobody can guarantee a result, our process is focused on which firm gives you the best chance for success. We personally know the lawyers we recommend and are constantly vetting them.
Some things you can look at and see for yourself such as published results. But other things you would not know of such as:
- Is a certain law firm about to break up because the partners can not get along.
- Is a prominent attorney burned out or about to become a Judge?
- How close to retirement is a certain lawyer? Just because they are the right lawyer for you today does not mean they will be in five years time. Birth injury cases take longer than other cases as we need to see how the child progresses. So this type of thinking is important.
- Is the attorney going through an illness or divorce that could either distract them or affect their availability? Again, it is about what/who is best for you.
- While this only applies to a couple of law firms, there are some that imply to the public that they are one firm when in reality they are a group of separate firms that work under the umbrella of one name. In other words, you might think you have the muscle of the whole firm, but in reality only have a couple of attorneys.
What Are Some Things You Can Look For Aside From Case Results?
While we are a source to help you choose the best attorney for your case, it is also important that you look out for you. Some things to be aware of:
- Is the firm based in Illinois? Illinois medical malpractice lawsuits take place in Illinois. All of the court appearances are in Illinois. But if you drive our roads or watch TV here, you will see tons of ads from law firms that are really based out of state. They might have an office here, but the crux of their work is in Texas, Arizona, Florida or elsewhere. You likely are not going to be working day to day with the lawyer in the ad. Look at their website and see where most of the attorneys are based. If it is not Illinois, that is a huge red flag in my opinion. You don’t just want a track record, you want a track record of victory in Illinois. You want lawyers that know the Judges here and the law here.
- What other practice areas do they have? Lawyers can handle any case, but you want one that is 100% injury focused. If their firm also does divorce, DUI, real estate closings, etc. that is a sign they are not likely one of the elite Illinois birth injury law firms.
- How many attorneys are at their firm? If you have a significant birth injury, I would not hire a firm with less than five lawyers and usually look for at least 10. These are expensive cases and most smaller firms can not afford to spend the money required to maximize a result. You do not want your lawyer to cut financial corners to save themselves a few dollars if it also could make your case worth much less.
- How many experienced attorneys are there at the firm? We were all young lawyers at one time. They can provide great assistance on cases. But at least five of the attorneys at a firm should have been licensed for ten years or more. Beware firms that have 1-2 really old lawyers and 10 very young attorneys. Again, they could do a good job, but in our opinion they do not give you the best chance of success.
- Are they in a rural area? It would be very hard to be in a smaller county and have a successful practice focused on medical malpractice cases.
- Are they asking you to pay any of the case expenses? Unless the time limit to sue is just about up, asking a client this is a huge red flag. Prominent firms do not do this.
What Compensation Can You Expect from a Birth Injury Lawsuit?
With the caveat that every case is different, in Illinois, birth injury lawsuits can provide compensation for both current and future medical expenses, rehabilitation, assistive devices, and pain and suffering. While the payout for a birth injury lawsuit can be in the millions, compensation varies widely based on the severity of the injury, the degree of negligence, and other factors unique to each case.
Settlements typically cover:
- Past and future medical bills including long term therapy and care.
- Lost income if a parent must stop working
- Pain and suffering
- Adaptive home or vehicle modifications
- Loss of normal life for the child and parents
FAQs
Here are frequently asked questions about birth injuries in Illinois:
What Qualifies as a Birth Injury in Illinois?
A birth injury occurs when a newborn suffers harm before, during, or shortly after delivery due to medical negligence — such as delayed C-section, improper use of forceps, or failure to monitor fetal distress.
How Much Do Birth Injury Lawyers Cost?
In Illinois, birth injury lawyers work on a contingency fee, meaning they only get paid if you win. Fees are cappred by state law at 33%.
What Is the Average Payout for Birth Injury in Illinois?
There is no average as every case is different because facts and potential defenses are different as are damages and who the defendant is. Illinois birth injury settlements often range from hundreds of thousands to several million dollars, especially for lifelong conditions like cerebral palsy or HIE.
How Long Will an Illinois Birth Injury Case Take?
Again it is fact dependent. It will usually take many years because we need a proper handle on the long term damages a child has suffered from the negligence.
Is There a Deadline to File a Birth Injury Lawsuit in Illinois?
Yes, Illinois has specific deadlines for filing birth injury lawsuits. For birth injuries, Illinois generally allows families up to eight years from the date of injury to file a malpractice claim on behalf of the child. Additional extensions may apply if the child has a disability. The time limit to sue can be as little as two years if the doctor or other provider was part of a federally funded clinic.
If you would like a free case review, please contact us at 312-346-5320. We help everywhere in Illinois.
