Birth Injury Litigation

birth injury law firms injuries can cause serious disabilities and affect the quality of life of your child. The medical treatments that they require can be costly and time-consuming.

A reputable lawyer can file your birth injury lawsuit, investigate the incident and gather evidence, build an argument for negligence and assist you in settlement negotiations or in court if needed.

Settlements

In over 90% of medical malpractice cases, the plaintiffs and defendants agree to an agreement to settle the case prior to the case going to trial. Both parties can avoid costly and stressful court costs and receive compensation for the plaintiff. If there is no trial the jury will decide if the defendants owe the plaintiff compensation and how much money they should pay.

The first step in obtaining financial compensation for your child's birth injury is to prove that the doctor you hired to deliver your child had a an official relationship with you, and he violated this obligation during the birthing process. This can be accomplished using medical records and hospital bills. Your lawyer will have to find evidence that the breach caused the injury to your child.

Once you have the evidence, your attorney will submit a package of demands to the malpractice insurance carriers of the defendants. This document contains a thorough letter that outlines the child's injuries as well as supporting documents. The malpractice insurer will examine the request and decide whether to take it or leave it. If the demand is denied your lawyer will file suit.

If you are the victim of a successful birth injury lawsuit Your attorney might suggest placing part of your settlement or award into a special trust for children with special needs. This will enable you to give future funds to your child to cover things such as physical therapy, medication, and home modifications.

Trials

In some instances, attorneys may try to find a solution to the issue before going to court. Settlements provide an amount of money to the plaintiff and results in an official agreement that concludes the case.

A team of attorneys will gather evidence to show that medical professionals failed to meet the standards of care and caused injury. The lawyers representing the defendants will also gather evidence to refute the claims. The attorneys will then meet one and negotiate a settlement amount. If a settlement isn't reached, then the case will go to court.

The trial process can be lengthy or take years to complete. Plaintiffs can feel pain, stress and danger as they revisit their child's birth injury trauma. The winning party could win an award of a significant amount. The losing side can appeal the decision.

A birth injury lawyer with experience can make all the difference in your case. A lawyer can help you achieve the best possible outcome throughout the litigation process. From the writing of the demand letters to filing the lawsuits or discovery, settlement negotiations, trial, or appeals should they be required an attorney can ensure the most favorable outcome. They can help you get life-changing compensation for your family's needs. A lawyer can help you establish a a network of experts to back your claim. The legal team at Lipsitz Green will investigate your case to determine the reason for the injury occurred and fight for fair compensation.

Statute of Limitations

The medical profession has its own set of rules to be followed when performing procedures. This includes the statute of limitations which imposes a time limit for filing lawsuits. This limit is set to ensure that claims are filed in the time evidence is still available and witnesses' memories are fresh. Even if the lawsuit is based on a solid legal basis the case can be dismissed if it is filed after the statute has expired.

For birth injury victims the statute of limitations could be particularly crucial. A successful case could result in compensation for current and future medical costs as well as lost wages due to missing work to care for the child, as well as emotional distress. In some cases, a jury or judge may also award punitive damages intended to punish defendants for committing a serious negligence.

Victims of birth injuries must have an New York attorney familiar with these kinds of claims. They can conduct investigations and gather evidence to prove a case of negligence, negotiate a settlement, or go to court if needed. In certain situations there is a possibility that a defendant will attempt to dismiss a case by arguing that the statute of limitations has run out. A lawyer will be able to determine quickly if this is the situation. If the case involves public hospitals, which are operated either by state, local, or federal government the possibility of a separate, and much shorter statute of limitations may apply.

Expert Witnesses

In a medical malpractice case, experts are able to help jurors and judges to understand the evidence and the facts in the case. They are also able to provide expert opinions or inferences that can help them make the right decision. They are permitted to do this because their knowledge is more reputable and detailed than that of a layperson or someone who has no medical education.

A lawyer may hire an expert witness to review medical records, provide a testimony, and assist the lawyer in preparing the case. The expert would then sign an affidavit as well as testify in court regarding their findings. An expert could be a hospital employee, health care professional at the institution of the defendant, or an outsider.

The expert's testimony should reflect the current state of medical knowledge at the time. The expert should not condemn the performance that is within generally accepted practices or allow for performance that is in violation of the standards. Experts should be willing to provide deposition transcripts as well as courtroom testimony for peer review. They should not sign contracts that state that the costs for expert testimony are excessively high in comparison to the time and effort.

Parents of a child who suffered a severe birth injury law firms trauma may seek damages to cover the future costs they'll incur to care for their child, as well as any previous expenses that were incurred. An experienced lawyer can determine if negligence was the cause of the child's injury during birth and can secure compensation to help ease the financial burden of the family.