Birth Injury Litigation

Birth injuries can cause severe disabilities that can negatively impact your child's quality of living. The medical treatment they require can be costly and time-consuming.

A competent lawyer will file a lawsuit for birth injury, conduct an investigation into the incident, collect evidence, and then make an argument for negligence. They may also represent you during settlement negotiations or in court, if required.

Settlements

In the majority of medical malpractice cases, the defendant and plaintiff reach an agreement before the case is tried. Both parties will avoid costly and stressful court fees and receive compensation for the plaintiff. In the event that a trial cannot be reached, a jury will determine whether the defendants owe plaintiff any compensation and the amount of the amount they are required to pay.

The first step in obtaining financial compensation for birth injuries for your child is to establish that the doctor who gave birth to your baby had a professional relationship with you and that he acted in breach of this duty during the birthing procedure. This can be done with medical records and hospital bills. Your lawyer will need to prove that the breach was responsible for your child's injuries.

Once you have the evidence, your lawyer will send a set of demands to the malpractice insurance companies of the defendants. The document will include a detailed letter that describes the injuries your child sustained and the supporting documents. The malpractice insurer will review the demand and either accept it or reject it. If the demand is rejected your lawyer will file suit.

In the event of the outcome of a successful lawsuit for birth injuries Your attorney might suggest placing a portion of your settlement or award in a special trust for children with special needs. This will allow you to make future payments to your child to cover things such as physical therapy, medicine, and home modifications.

Trials

In some cases lawyers may try to negotiate a settlement to resolve the matter without going to court. A settlement is an agreement that is formal and resolves the case and offers compensation to the plaintiff.

An attorney's team will seek evidence to show that medical professionals did not adhere to a high standard of care and caused an injury. Lawyers for the defendants will also collect evidence to counter the claims. The attorneys will then sit down with each other to discuss the amount of settlement. If no settlement can be reached then the case will go to trial.

The trial process could last for months or even years to complete. It can be stressful, risky, and painful for plaintiffs as they go through the trauma of their child's birth injuries. The winning party may receive a substantial amount. The losing side can appeal the decision.

A skilled birth injury lawyer can make a huge difference in your case. Legal professionals can guarantee the best outcome at every stage of the litigation process, from drafting the demand letter, to filing the lawsuit or discovery, negotiation of settlement and trial, or when necessary, appeals. They can help you get compensation that will change your life, and the lives of your family members. A lawyer can provide you with a network of experts 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 that must be followed during procedures. This includes the statute of limitation which specifies a deadline for filing lawsuits. This limit is set to ensure that claims are filed while evidence is available in physical form and the memories of witnesses are fresh. Even if the suit has an established legal foundation the case will be dismissed if filed after the statute of limitations has expired.

For victims of birth injuries, the statute of limitations could be particularly crucial. A successful claim could result in compensation for the victim's present and future medical expenses or lost wages as a result of being away from work to care for their child, as well as emotional stress. In certain circumstances, a judge or jury may also award punitive damages to punish defendants who have displayed the most reckless of negligence.

The victims of birth injury lawyer injuries should have an New York attorney familiar with these types of claims. They can investigate the incident, collect evidence, build an argument for negligence and seek a settlement or go to trial if needed. In some cases, a defendant may try to dismiss a lawsuit by claiming that the statute of limitation has passed. A lawyer can determine quickly whether this is the case. If the case involves a public hospital that is run by local government, state or federal authorities in a different and possibly shorter statute of limitation periods may apply.

Expert Witnesses

In a medical malpractice case, experts are able to help jurors and judges comprehend the evidence and the facts of the case. They also offer professional or specific opinions to help the jury decide. They are able to do this because their knowledge and expertise is more thorough and trustworthy than an average person or someone with no medical background.

A lawyer can engage an expert witness to look over medical records, provide testimony, and assist the lawyer in preparing the case. The expert will then sign an affidavit, and testify in court about their findings. An expert could be an internal employee of the defendant's hospital, health care system, or an individual outside of the institution.

An expert's testimony should reflect the current state of medical knowledge at the time of occurrence in the case. Experts should not criticize or excuse any action that is not in line with generally accepted standards of practice. Experts should be able to submit transcripts of depositions and courtroom testimony for peer review. They should not sign contracts in which the fees for their expert testimony are inordinately high relative to their time and effort.

Parents of a child who suffered a serious birth trauma may seek damages to cover the costs they will incur for the care of their child, as well as any expenses that were that they have incurred. A steadfast attorney can determine if negligence was the cause of the child's injury during birth and obtain compensation that will ease the financial burden on families.