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birth injury law firm injuries can result in severe disabilities that could affect your child's quality of life. Medical treatments can be costly and long.
A competent lawyer will file a lawsuit for birth injury attorney injury, investigate the incident, gather evidence, and then make a case of negligence. They may also represent you at settlement negotiations or in court if necessary.
Settlements
In a majority of medical malpractice cases, the plaintiff and defendant reach a settlement prior to the case is even tried. This allows both parties to save money and stress-inducing court fees, and it provides the plaintiff with a guarantee of compensation. In the event that an agreement cannot be reached the jury will decide whether the defendants owe the plaintiff compensation and how much the amount they are required to pay.
The first step in obtaining financial compensation for birth injuries in your child is to prove the doctor who gave birth to your child had a professional relationship with you, and that he breached this duty during the birthing procedure. This can be done with medical records and hospital bills. Your lawyer must find evidence that the breach led to your child's injuries.
If you have evidence, your attorney will present a complete set of demands to the malpractice insurance carriers of the defendants. This document includes a written statement detailing the injuries suffered by your child, along with supporting documentation. The malpractice insurance company will look over the request and decide whether to take it up or reject it. If the demand is denied then your lawyer will file suit.
If you are the victim of a successful birth injury lawsuit the attorney you consult with may recommend placing a portion of your settlement or award in a special trust for children who require special. This will permit your child to have access to future funds for things such as medicine and physical therapy as well as home modifications.
Trials
In some cases lawyers will attempt for a settlement in order to resolve the matter without having to go to court. Settlements provide the plaintiff with financial compensation and is a formal agreement that resolves the case.
An attorney's team will collect evidence to show that medical experts didn't adhere to a strict standard of care and triggered an injury. Lawyers for the defendants will also gather their own evidence to refute the claims. The attorneys will meet to discuss the terms of a settlement. If a settlement isn't reached, the case will go to trial.
The trial process can take months or even years to be completed. It can be a stressful, risky and painful for plaintiffs who have to relive the trauma of their child's birth injuries. The winner could receive an enormous amount. However, a losing party may appeal the decision.
An experienced birth injury lawyer can make a huge difference in your case. A legal professional can help you get the best result at every step of the legal process, starting with the creation of the demand letter, to filing the lawsuit as well as settlement negotiations, discovery and trial, or when necessary, appeals. They can assist you in obtaining compensation that will alter your life as well as the lives of your family. A lawyer can provide you with a an expert network to help you with your claim. The legal team of Lipsitz Green will investigate the case to determine what happened and fight for a fair settlement.
Statute of Limitations
Medical professionals have their own set of rules to follow when performing procedures. This includes the statute of limitations, which sets a deadline for filing lawsuits. This limit is meant to ensure that claims can be filed as long as evidence is still available and witnesses' memories are fresh. Even if the lawsuit is based on a solid legal foundation the case can be dismissed if it is filed after the statute has expired.
For victims of birth injuries the statute of limitations may be especially important. A successful claim could award the compensation needed for future and ongoing medical costs, lost wages from missing work in order to take care of the child, as well as emotional anxiety. In certain cases the judge or jury will also award punitive damages to punish defendants for their extreme inattention to detail.
Birth injuries victims should have a New York attorney familiar with these types of claims. They are able to investigate the incident and collect evidence, build a case for negligence and seek a settlement or go to trial if necessary. In certain instances the defendant might try to dismiss a lawsuit claiming that the statute of limitations has passed. A lawyer will be able quickly determine when this is the case. If the case involves a public health facility that is run by local, state or federal governments, separate and birth injury lawyer potentially much shorter statute of limitation periods could apply.
Expert Witnesses
In an instance of medical malpractice, experts are able to help jurors and judges understand the evidence and facts in the case. They can also provide professional or specific opinions to help the jury to make a choice. They are able to do so because their knowledge is more reliable and thorough than that of a layperson, or someone who has no medical education.
A lawyer can engage an expert witness to look over medical records, provide testimony, and assist the lawyer in preparing the case. The expert would then sign an affidavit and testify in court about their findings. An expert could be an internal employee of the defendant's hospital, health care system, or an individual outside that institution.
An expert's report should reflect the current state of medical knowledge at the time of incident in the case. The expert should not condemn actions that fall within generally accepted practice standards or allow for performance that is in violation of those standards. Experts should provide deposition transcripts as well as courtroom testimony for peer review. They should not sign any contracts that state that the costs for expert testimony are too high in comparison to the time and effort.
Parents of a child who suffered a serious birth trauma may seek damages to cover the costs they'll have to pay for the care of their child and any expenses that were incurred. An experienced attorney can determine whether negligence was the cause of the child's injury at birth and obtain compensation that will reduce the financial burden for the family.
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