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Birth injuries can cause serious disabilities that can impact the quality of life of your child. Medical treatments can be expensive and long.
A good lawyer can file your birth injury lawsuit to investigate the incident, collect evidence, make the case for negligence, and represent you in settlement negotiations or in court if necessary.
Settlements
In more than 90 percent of medical malpractice cases, the plaintiffs and defendants agree to an agreement on settlement prior to the case going to trial. Both parties can avoid costly and stressful court fees and receive compensation for the plaintiff. In the event that there is no trial the jury will decide whether the defendants owe the plaintiff any compensation and the amount of amount they have to pay.
The first step towards receiving the financial compensation your child deserves for his birth injury is to prove that the doctor you hired to deliver your baby had a an professional relationship with you, and he violated this obligation during the birthing process. You can prove this by using medical documents and hospital invoices. Your lawyer will also have to collect evidence that proves the breach was responsible for the injuries to your child.
Once you have this evidence Your lawyer will then send a demand form to the defendants' malpractice companies. This document includes a letter detailing the injuries suffered by your child, together with the supporting documentation. The malpractice insurance company will review the demand and either accept or reject it. If the demand is rejected the lawyer will make a claim.
In the event of a successful birth injury lawsuit your lawyer may suggest placing some of the settlement or award in a special trust for children who require special. This will permit your child to access future funds for things like medicine physical therapy, home modifications.
Trials
In some instances, attorneys attempt to find a solution to the issue before going to court. A settlement is an agreement formalized that resolves a dispute and pays compensation to the plaintiff.
A lawyer's team will collect evidence to prove that medical professionals didn't meet a high standard of care and caused an injury. The lawyers representing the defendants will also collect evidence to prove the allegations. The attorneys will meet to discuss for a settlement. If no settlement can be reached, then the case will be taken to the court.
The trial process could take months or years to complete. Plaintiffs could feel pain, stress and risk as they relive the trauma of their child's birth. The winner could receive a large settlement. However, a losing party could appeal the decision.
An experienced birth injury law firm injury lawyer can make a huge difference in your case. A legal professional can ensure the best outcome through every stage of the litigation process, from the drafting of the demand letter to filing the lawsuit and discovery, settlement negotiations and trial, and should it be necessary, appeals. They can help you obtain the life-changing amount of compensation your family requirements. A lawyer can connect you to a an expert network to help support your claim. The legal team at Lipsitz Green will investigate the case to determine the cause and fight for a fair compensation.
Statute of Limitations
The medical profession has its own set of rules to be followed in all procedures. These include the statute of limitations which imposes a time limit for filing lawsuits. This limitation is intended to ensure that claims are filed while physical evidence remains available and witnesses' memories are fresh. A lawsuit that is filed after the statute of limitations has expired can be dismissed even if it has a strong legal basis.
For victims of birth injuries the statute of limitations is particularly important. A successful claim could award the right to compensation for future and present medical costs and lost wages resulting from the absence of work in order to care for the child, and emotional distress. In some cases the judge or jury will also award punitive damages to penalize defendants who have committed a grave carelessness.
Victims of birth injuries must have an New York attorney familiar with these kinds of claims. They can investigate and collect evidence to make a case of negligence, negotiate a settlement, or go to court when needed. In certain instances the defendant might try to dismiss a suit claiming that the statute of limitation is over. A lawyer should be able to quickly determine whether this is the situation. If the matter involves a hospital that is public, which are operated by local, state or federal governments the possibility of a separate and shorter time limits for statute of limitations could be in effect.
Expert Witnesses
In an instance of medical malpractice, experts are able to help jurors and judges understand the evidence and the facts of the case. They may also offer specialized or professional opinions to help the jury to make a decision. They can do this because their knowledge and expertise is more precise and trustworthy than the average person or one who has no medical education.
Legal representatives can hire an expert witness who will examine medical records, provide a testimony and help the lawyer to put together the case. The expert would sign an affidavit and then testify in the court. An expert could be an internal employee of the defendant's hospital, health care system, or an individual outside of the institution.
The expert's testimony should reflect the current medical knowledge at the time of the hearing. The expert should not condemn the performance that is within generally accepted practice standards or allow for performance that is in violation of the standards. Experts should be prepared and able to provide transcripts from depositions or courtroom testimony to peers for review. They should not sign contracts where the fees for birth injury lawsuit their expert testimony are unreasonably high relative to their time and effort.
Parents of children who has suffered a serious birth injury may be able to seek compensation for the future care that their child will require, in addition to any past expenses they have already paid to care for the child. A lawyer who is committed can determine if negligence involved in a child's birth injury and seek compensation to ease the family's financial burden.
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