Birth Injury Litigation

birth injury lawyers injuries can lead to serious disabilities that can affect the quality of life of your child. Medical treatments can be costly and long.

A reputable lawyer can file your birth injury lawsuit, investigate the incident and gather evidence, create an argument for negligence and also represent you in settlement negotiations or in court should it be necessary.

Settlements

In the majority of medical malpractice cases, the plaintiff and defendant agree to a settlement before the case is heard. This allows both parties to avoid costly and stressful court costs, and gives the plaintiff a promise of compensation. If a trial isn't feasible, a jury determines whether the defendants have a duty to pay compensation and how much.

The first step to receive financial compensation for a birth injury in your child is proving the doctor who delivered your child had a professional relationship with you, and that he did not fulfill this obligation during the birthing process. This can be done with medical records and hospital bills. Your lawyer must gather proof that the breach caused the injuries to your child.

Once you have the evidence, your attorney will then submit a list of demands to the malpractice insurance companies of the defendants. This document includes a written statement detailing the injuries suffered by your child, along with supporting documentation. The malpractice company will go through the request and either accept or reject it. If the demand is rejected your lawyer will file a lawsuit.

In the event of a successful birth injury lawsuit Your attorney might suggest placing some of the settlement or award in a special trust for children with disabilities. This will enable you to provide future funds to your child to cover things such as physical therapy, medication, and home modifications.

Trials

In some instances, lawyers will try to negotiate a settlement to settle the issue without having to go to court. Settlements offer an amount of money to the plaintiff and results in an official agreement that resolves the matter.

An attorney's team will collect evidence to prove that medical professionals didn't meet a certain standard of care, causing an injury. Lawyers for the defendants will also collect evidence to prove the allegations. The attorneys will meet to discuss an agreement. If a settlement cannot be reached, the case will go to the court.

The trial process could be lengthy or take years to complete. It can be stressful, risky and painful for plaintiffs as they relive the trauma of their child's birth trauma. The winning party could be awarded a substantial verdict. However, a losing party could appeal the decision.

A birth injury lawyer with years of experience can make a huge difference in your case. A legal professional can help you get the best result at every stage of the litigation process, from drafting the demand letter, to filing the lawsuit and discovery, settlement negotiations and trial, or should it be necessary, appeals. They can help you receive compensation that will transform your life as well as the lives of your family members. A lawyer can provide you with a a network of experts to support your claim. The legal team at Lipsitz Green will investigate the case to determine what transpired and fight for a reasonable amount of compensation.

Statute of Limitations

The medical profession has its own set of rules to be adhered to when performing procedures. This includes the statute of limitations, which sets a deadline for filing lawsuits. This limitation is designed to ensure that claims are filed while evidence is available in physical form and the memories of witnesses are fresh. A lawsuit filed after the statute of limitations has expired can be dismissed even the case has a solid legal basis.

The statute of limitations can be crucial for those suffering from birth injuries. A successful claim can provide compensation for the victim's current and future medical expenses as well as lost wages due to being away from work to take care of their child, and emotional anxiety. In some cases, a jury or judge may also award punitive damages intended to punish defendants for committing a serious negligence.

Birth injuries victims should have an New York attorney familiar with these types of claims. They can investigate and collect evidence to establish a case of negligence or negotiate a settlement or go to court if necessary. In some cases the defendant may attempt to dismiss a lawsuit by arguing that the statute of limitations has run out. A lawyer should be able to quickly determine whether this is the case. If the matter involves a hospital that is public that is managed by local, state or federal governments in a different and possibly shorter time limits for statute of limitations could apply.

Expert Witnesses

In an instance of medical malpractice, expert witnesses help judges and juries understand the evidence and facts in the case. They may also offer professional or expert opinions to assist jurors decide. They are able to make this claim because their knowledge and expertise is more specific and reliable than that of the average person or one who has no medical training.

A legal representative may retain an expert witness to look over medical records, provide testimony, and aid the lawyer in putting together the case. The expert would sign an affidavit and then appear in the court. An expert could be an employee of the defendant's hospital or health care system, or a person who is not employed by the institution.

The testimony of an expert should reflect the current state of medical knowledge at the time of incident in the case. Experts should not rebuke any practice that is not in line with generally accepted practices or condone performance that is outside of those standards. Experts should be willing and able to submit transcripts of depositions or courtroom testimony to peers to be reviewed. They should not sign contracts that state that the costs for expert testimony are excessively high compared to their time and effort.

Parents of a child who has suffered a severe birth trauma can seek damages to cover the future costs they'll be liable to care for their child, as well as any previous expenses that were incurred. A steadfast attorney can determine if negligence was the cause of the child's injuries at birth and can secure compensation to ease the financial burden on the family.