birth injury attorneys Injury Legal Help

Families are faced with enormous financial burdens when a baby is born with a medically-caused injury or illness. A birth injury attorney can assist in obtaining compensation that will cover expenses and improve a child's quality of life.

Families must prove four things to win a lawsuit claiming birth injury:

Statute of limitations

It is important to consult a lawyer as soon as possible if you suspect medical malpractice. This will ensure that your claim is filed on time for the statutes of limitations and that you have enough time to create a strong claim and get the right amount of compensation.

A plaintiff generally has two and half (2-1/2 years) to bring a lawsuit for medical malpractice, beginning on the date of the incident. New York law extends the deadline to 10 years in cases filed by children if they have not yet reached their 18th Birthday.

To win a birth injury law firms injury lawsuit, you must show that the defendant violated their duty to you by causing your child's injuries. Causation is usually established through evidence from experts and documents that demonstrate the best practices, which are widely accepted by the medical community.

Your attorney will look into your case and collect all relevant evidence, including medical records for you and your child. They will then determine potential defendants and obtain the required documents from their insurance companies. Once they have all the documents, they will send a demand note to the at-fault parties for damages in the form of money. If they don't agree to negotiate with you, your lawyer will file suit in court. A lawsuit is usually settled through a trial, where each side presenting its evidence and arguments before a jury and a judge.

Medical Experts

A birth injury can have devastating consequences for the child and his family. It is important to seek legal assistance as soon as possible. This will allow the lawyer to construct a strong case, with evidence such as medical records and depositions of doctors. A lawyer may also seek a medical expert to review the case and give an opinion. This is an essential step in any medical malpractice case.

Many birth injuries are difficult to prove, since the symptoms might not show up until much later. Parents may not recognize birth injuries until their child has missed milestones in development, or when their pediatrician has determined that they have intellectual physical and intellectual deficiencies. Signs of injury, such as admission to the NICU or a need for a CT scan or MRI after birth, may also indicate a possible injury.

Causation is another key factor in a successful birth injury lawsuit. You must prove that the defendant's breach of duty caused the injury of your child. If the doctor hadn't committed the breach of duty, your child would not have suffered an injury.

Most medical malpractice cases including those involving birth injuries, are settled out of court. In a settlement, defendants must agree on an amount of money to settle the case. The amount must reflect both past and future damages. Your lawyer will consult experts in the field of medicine and finance to determine the right amount.

Defendants

In order to be successful in a birth injury lawsuit you must show that your medical provider breached their duty of care. This is usually done by obtaining an expert medical witness' opinion. The medical expert will analyze the evidence in your case including medical records as well as depositions given by the doctors involved. He or she will decide whether your doctor's actions were in accordance to the proper standard of professional practice for those with similar training, birth injury attorney expertise and context.

A lawyer may also consult experts in finance to assess your losses and calculate reasonable damages to account for the present, past, and future costs. Your lawyer will negotiate with the hospital's or physician's malpractice insurer and file a lawsuit in the event that it is necessary, to obtain maximum compensation for injuries suffered by your child.

As opposed to most lawsuits injuries are often resolved through settlements. A settlement is when all parties agree to a specific amount of money and legal action ceases. If you fail to reach a settlement agreement in your case, you may be brought to court where a jury and judge will decide on the outcome.

A birth injury is a serious medical issue that can have lasting effects on your child as well as your family. To achieve the best results it is crucial to consult with an experienced birth injury lawyer who has an established track record of settling these claims successfully.

Settlement

Your attorney must work to find a full settlement for your family. It will depend on the extent of your child's injury and the needs that result from them. A serious birth injury, for example may require years of medical attention and typically, 24/7. Your lawyer will consult medical and health experts to determine the total cost of this treatment and to make an appropriate damage claim.

In many instances the malpractice insurance policy of a medical facility or hospital will offer to settle a matter without litigation. In these situations your lawyer will file a demand package that contains an exhaustive description of the facts of your case along with a suggested amount of money to settle it. The insurance company will scrutinize your information and respond with a counter-offer. Your lawyer will negotiate an acceptable settlement with the insurance company.

When a settlement cannot be reached, your attorney could file a medical malpractice lawsuit in the county in which the incident occurred. You may be able to claim your doctor as well as any other doctors or hospital involved in the birth of your child and the injury as defendants based on circumstances. Your lawyer can gather additional details after filing a lawsuit, which includes depositions and sworn testimonies from witnesses through the discovery process. This evidence can be used to support your legal arguments.