birth injury law firm Injury Litigation

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

A good lawyer will file your lawsuit for birth injury attorney injury, investigate the incident, gather evidence, and make the case of negligence. They may assist you in settlement negotiations or in court if needed.

Settlements

In a majority of medical malpractice lawsuits, the defendant and plaintiff reach an agreement prior to the case is tried. Both parties will avoid costly and stressful court costs and receive compensation for the plaintiff. If a trial isn't possible, a jury can decide whether the defendants have a duty to compensate the plaintiff and how much.

The first step towards receiving the financial compensation you deserve 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 breached that duty during the birthing procedure. This can be done by using medical records and hospital invoices. Your lawyer will also need to establish that the breach caused 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. The document will include a letter detailing the injury suffered by your child as well as supporting documentation. The malpractice insurer will examine the request and either accept it or reject it. If the demand is rejected the lawyer will start a lawsuit.

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

Trials

In some cases, lawyers will try to reach an agreement to resolve the matter before going to court. Settlements provide financial compensation to a plaintiff and is a formal agreement that settles the matter.

An attorney's team will gather evidence to show that medical experts didn't adhere to a strict standard of care and triggered an injury. Lawyers representing defendants will collect their own evidence in order to refute claims. The attorneys will then meet one other to negotiate a settlement amount. If no settlement can be reached, the case will go to trial.

The trial process could last for months or even years to be completed. Plaintiffs could feel pain, stress and risk as they relive their child's birth injury trauma. The winning party could win a substantial amount. However, a losing party may appeal the decision.

A skilled lawyer for birth injuries can make all the difference in your case. A lawyer can help you get the best possible result at every stage of the litigation process. From the writing of the demand letters to filing lawsuits, discovery, settlement negotiation, trial, or appeals when necessary an attorney will ensure the best possible outcome. They can assist you in obtaining compensation that will change your life, and the lives of your family members. A lawyer can also offer a network of expert witnesses to support your claim. The legal team at Lipsitz Green will investigate your claim to determine how the injury occurred and fight for fair compensation.

Statute of limitations

The medical profession has its own set of rules to be followed during procedures. These include the statute of limitations which has a time limit for filing lawsuits. This limit is designed to ensure that claims are filed in the time evidence is still available and the memories of witnesses are fresh. Even if the lawsuit has a solid legal basis it will be dismissed if filed after the statute has expired.

The statute of limitations is important for victims of birth injuries. A successful case could result in compensation for current and future medical costs and lost wages resulting from the absence of work to take care of the child, as well as emotional anxiety. In some cases, the jury or judge may also award punitive damages to punish defendants who have displayed the most reckless of negligence.

A New York attorney who is adept at defending birth injuries should represent victims. They can investigate and collect evidence to make a case of negligence or negotiate a settlement or even go to court if needed. In certain cases there is a possibility for a defendant to dismiss a case claiming that the statute of limitation has passed. A lawyer will be able to swiftly determine if this is the case. If the matter involves public hospitals which are operated by local, state or federal authorities, a separate and possibly shorter time limit may apply.

Expert Witnesses

In the event of a medical malpractice case experts are able to help judges and juries understand evidence and facts in the case. They may also offer expert or specialized opinions to help the jury to make a decision. They are allowed to offer this advice because their knowledge and expertise is more specific and reliable than an average person or someone who has no medical training.

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 and testify in court regarding their findings. An expert could be a hospital employee, health care professional at the defendant's facility, or an outsider.

An expert's report should reflect the current state of medical knowledge at the time of the incident in the case. The expert should not denigrate or condone performance within the generally accepted standards of practice. Experts should be prepared to submit transcripts of depositions and courtroom testimony for peer review. They should not sign any contracts that state that the costs for expert testimony are too expensive compared to the time and efforts involved.

Parents who have a child who suffers a serious birth injury can seek damages for the future care that their child will require and for any previous expenses they have already incurred to care for the child. A lawyer who is committed will determine if negligence at play in the birth injury and seek compensation to ease the family's financial burden.