Birth Injury Litigation

Birth injuries can result in serious disabilities that can impact the quality of life of your child. The medical treatments that they require can be expensive and lengthy.

A competent lawyer will file your lawsuit for birth injury law firm injuries, investigate the incident, gather evidence, and then make an argument of negligence. They may also represent you at settlement negotiations or in court if needed.

Settlements

In over 90% of medical malpractice cases, plaintiffs and defendants reach an agreement to settle the case before the case goes to trial. Both parties can avoid expensive and birth injuries stressful court fees and receive compensation for the plaintiff. If a trial cannot be reached, a jury will determine if the defendants owe the plaintiff any compensation and the amount of money they should pay.

The first step in obtaining the financial compensation you deserve for your child's birth injury is to prove that the doctor you hired to deliver your baby had a an professional relationship with you and breached that obligation during the birthing procedure. This can be accomplished with medical records and hospital bills. Your lawyer must find evidence that the breach led to the injury to your child.

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 letter detailing your child's injuries, as well as supporting documentation. The malpractice insurance company will review the request, and then either decide whether to accept or deny it. If the demand is rejected, your lawyer will file suit.

Your lawyer may suggest that in the event that a lawsuit is successful for birth injury lawsuits injuries, a percentage of the settlement or award be put into a special-needs fund. This will permit your child to have access to future funds for things like medicine, physical therapy and home modifications.

Trials

In some cases, lawyers will attempt to find a solution to the matter before going to court. A settlement is an agreement in writing that settles a dispute and pays compensation to the plaintiff.

An attorney's team will collect evidence to prove that medical professionals didn't meet a certain standard of care and caused an injury. Lawyers for the defendants will also gather their own evidence to disprove the claims. The attorneys will then sit down with each and negotiate a settlement amount. If no settlement can be reached the case will be sent to trial.

The trial process could last for months or even years to take to. Plaintiffs could be afflicted with pain, stress and Birth injuries anxiety as they try to relive their child's birth injury trauma. The winning side could be awarded a large verdict. The losing party can appeal the decision.

A birth injury lawyer who has experience can make a huge difference in your case. A lawyer can help you get the best possible result at every stage of the litigation process. From the drafting of demand letters to filing the lawsuits, discovery, settlement negotiation, trial, or appeals, if necessary a lawyer can ensure the most favorable outcome. They can assist you in obtaining life-changing compensation for your family's requirements. A lawyer can help you establish a an expert network to back your claim. The legal team at Lipsitz Green will investigate the case to determine what transpired and fight for a fair amount of compensation.

Statute of Limitations

The medical profession has its own set of rules that must be followed during procedures. This includes the statute of limitations which imposes a time limit for filing lawsuits. This limit is intended to ensure that claims can be filed when evidence is still accessible and witnesses' memories remain fresh. Even if the suit has an established legal foundation, it will be dismissed if 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 and lost wages resulting from the absence of work in order to care for the child, as well as emotional distress. In certain cases, the jury or judge may also award punitive damages to punish defendants for extreme negligence.

Birth injuries victims should have a New York attorney familiar with these kinds of claims. They can investigate the accident and gather evidence, present a case for negligence and reach a settlement or go to trial if needed. In some cases the defendant might try to dismiss a case claiming that the statute of limitation has expired. A lawyer is able to determine if this is the case. If the situation involves public hospitals which are operated either by local, state, or federal authorities in addition, a separate and shorter time limit could apply.

Expert Witnesses

Expert witnesses can assist juries and judges understand the evidence and the facts of the medical malpractice case. They can also offer expert or professional opinions and conclusions to help them make a decision. They are able to offer this advice because their knowledge and expertise is more specific and trustworthy than the average person or one who is not a medical professional.

A legal representative can retain an expert witness who will examine medical records, provide an account and assist the lawyer in putting together the case. The expert would sign an affidavit, and then testify in court. An expert could be an internal employee of the defendant's hospital, health care system, or an individual who is not employed by the institution.

The expert's opinion must reflect the current medical knowledge at the time of the hearing. Experts should not rebuke actions that fall within the generally accepted standards of practice or allow for performance that is in violation of those standards. Experts should be able to submit transcripts of depositions and courtroom testimony for peer review. They should not sign contracts that state that the costs for expert testimony are excessively expensive compared to the time and efforts involved.

Parents who have a child who has suffered a serious birth injury may be able to seek compensation for the future care that the child will require, as well as past expenses they have already paid to provide care for the child. A lawyer who stands by his word can determine if negligence involved in a child's birth injury, and then seek compensation to ease the family's financial burden.