Birth Injury Litigation

Birth injuries can cause serious disabilities that can impact the quality of life for your child. The medical treatment they require can be costly and take a long time.

A good lawyer can make a birth injury lawsuit and investigate the incident to gather evidence, build an argument for negligence and assist you in settlement negotiations or in court if necessary.

Settlements

In the majority of medical malpractice lawsuits the plaintiff and defendant negotiate an agreement before the case is even tried. Both parties will avoid costly and stressful court costs and receive compensation for the plaintiff. If a trial is not possible, a jury decides whether the defendants are accountable to pay compensation and how much.

The first step toward receiving the financial compensation you deserve for your child's birth injury is proving that the doctor you hired to deliver your baby was in an official relationship with you and breached that obligation during the birthing procedure. You can do this by using medical records and hospital invoices. Your lawyer will have to find evidence that the breach was responsible for your child's injuries.

Once you have the evidence, your lawyer will then submit a list of demands to the malpractice insurance carriers of the defendants. This document contains a thorough letter that outlines the child's injuries along with any supporting documents. The malpractice company will look over the request and decide whether to accept or deny it. If the demand is rejected then your lawyer will start a lawsuit.

Your lawyer may suggest that, in the case of a successful lawsuit for birth injury, a portion of the settlement or award be placed in a special needs fund. This will permit you to provide future funds to your child for things such as physical therapy, medication, and home modifications.

Trials

In certain cases lawyers will try to negotiate a settlement to resolve the matter without a court appearance. A settlement is an agreement in writing that settles the case and offers compensation to the plaintiff.

A team of lawyers will gather evidence to prove that medical professionals did not provide the standards of care and caused injury. The lawyers representing the defendants will also gather their own evidence to counter the claims. The attorneys will meet to negotiate the terms of a settlement. If a settlement isn't reached, the case will go to court.

The trial process could be lengthy or take years to be completed. It can be a stressful, risky and painful for plaintiffs, as they experience the trauma of their child's Birth injury Law firms trauma. The winner could receive a large settlement. But, a party that loses can file an appeal of the decision.

A knowledgeable birth injury lawyer can make all the difference in your case. A lawyer can assist you to get the best possible result throughout the litigation process. From drafting the demand letters to filing lawsuits and discovery, settlement negotiations 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 help you establish a an expert network to back your claim. The legal team of Lipsitz Green will investigate the case to determine the cause and fight for fair compensation.

Statute of Limitations

Medical professionals have their own set of rules that they must follow when performing procedures. This includes the statute of limitation which establishes a deadline for filing lawsuits. This limit is meant to ensure that claims can be filed when evidence is still available and witnesses' memories are fresh. A lawsuit that is filed after the statute of limitations has expired is dismissed even if it has a strong legal basis.

For birth injury victims the statute of limitations is particularly important. A successful claim could result in compensation for the victim's present and future medical expenses, lost wages due to being away from work to take care of their child, and emotional distress. In certain circumstances, a judge or jury may also award punitive damage to punish defendants who have displayed excessive negligence.

A New York attorney who is experienced in birth injury claims is required to represent the victims. They can investigate and gather evidence to prove a case of negligence or negotiate a settlement or take the case to court if necessary. In some cases the defendant may attempt to dismiss a lawsuit asserting that the statute of limitations has run out. A lawyer can quickly determine if this is the situation. If the case involves public hospitals which are operated either by local, state or federal government the possibility of a separate, and shorter time limit could be in place.

Expert Witnesses

In a medical malpractice case, experts can help judges and juries understand the evidence and the facts in the case. They can also provide professional or specific opinions to help the jury to make a choice. They are allowed to make this claim because their knowledge and expertise is more specific and reliable than an average person or someone who has no medical education.

A legal representative may retain an expert witness to look over medical records, offer a testimony, and assist the lawyer in preparing the case. The expert would then sign an affidavit and be present in court regarding their findings. An expert could be an employee of the defendant's hospital or health care system, or someone who is not employed by the institution.

The expert's report must reflect the current state of medical knowledge in the case at the time. The expert should not criticize any practice that is not in line with generally accepted practice standards, nor birth injury Law firms should they allow for performance that is in violation of those standards. Experts should submit transcripts of depositions and courtroom testimony to be reviewed by a peer. They should not sign contracts where the fees for expert testimony are excessively high compared to their time and effort.

Parents who have a child who has suffered a serious birth injury lawyers injury can seek compensation for the future medical care the child will require, and also for past expenses they have already incurred to care for the child. A lawyer who is steadfast will determine if negligence was involved in a child's birth injury and Birth Injury Law Firms secure compensation to ease a family's financial burden.