Birth Injury Litigation

Birth injuries can cause severe disabilities and impact the quality of life for your child. The medical treatment they require can be costly and time-consuming.

A reputable lawyer can make a birth injury lawsuit as well as investigate the incident, collect evidence, make a case for negligence and assist you in settlement negotiations or at trial if needed.

Settlements

In a majority of medical malpractice lawsuits, the plaintiff and defendant reach a settlement prior to the case goes to trial. This lets both parties avoid the burdensome and costly court fees, and it gives the plaintiff a guarantee of a fair settlement. If the trial is not able to be concluded, a jury will decide whether the defendants are liable to pay the plaintiff any compensation and the amount of the amount they are required to pay.

The first step to receive financial compensation for your child's birth injury law firms injury is to prove that the doctor you hired to deliver your baby had a professional relationship with you and breached the duty of care during the birthing process. This can be accomplished with medical records and hospital bills. Your lawyer will need to find evidence that the breach caused your child's injuries.

Once you have the evidence, your lawyer will submit a package of demands to the malpractice insurance carriers of the defendants. The document will include a letter detailing your child's injuries, and any supporting evidence. The malpractice insurer will review the demand, and decide whether or not to accept it. If the demand is rejected, your lawyer will file a lawsuit.

If you are the victim of the outcome of a successful lawsuit for birth injuries Your attorney might suggest placing the proceeds of your settlement or award into a special trust for children with disabilities. This will enable your child to access funds in the future to fund things like medicine physical therapy, home modifications.

Trials

In certain cases, attorneys attempt to come to an agreement on how to settle the issue before going to court. A settlement is an agreement formalized that resolves a case and provides compensation to the plaintiff.

An attorney's team will gather evidence to prove medical professionals did not adhere to a high standard of care and caused injury. Lawyers representing the defendants will also collect evidence to counter the claims. The attorneys will meet to negotiate the terms of a settlement. If a settlement is not reached, then the case will be taken to the court.

The trial process can take months or years to be completed. Plaintiffs can suffer from pain, stress and risk as they relive the trauma of their child's birth injury lawyers. The winning party could receive a large settlement. However, a losing party may appeal the decision.

A skilled birth injury lawyer can make all the difference in your case. Legal professionals can guarantee the best outcome at every step of the litigation process, from writing the demand letter, to filing the lawsuit or discovery, negotiation of settlement and trial, or should it be necessary, appeals. They can assist you in obtaining compensation that can change your life, and the lives of your family. A lawyer can provide you with an expert network to help you with your claim. The legal team of Lipsitz Green will investigate the case to determine what happened and fight for a fair settlement.

Statute of limitations

Medical professionals have their own set of rules to follow when performing procedures. This includes the statute of limitations which establishes a deadline for filing lawsuits. This limitation is designed to ensure that claims can be filed while evidence is still accessible and witnesses' memories remain fresh. A lawsuit filed after the deadline for filing a lawsuit has passed will be dismissed even the case has a solid legal basis.

For victims of birth injuries, the statute of limitations may be especially important. A successful lawsuit could provide the right to compensation for future and present medical expenses and lost wages resulting from the absence of work in order to care for the child, as well as emotional anxiety. In some cases, a jury or judge may also award punitive damages to punish defendants for committing a serious negligence.

Victims of birth injuries must have an New York attorney familiar with these kinds of claims. They can investigate and collect evidence to make a case of negligence, negotiate a settlement, or go to court if necessary. In some cases, a defendant might attempt to dismiss a case by arguing that the time limit has expired. A lawyer will be able to determine quickly when this is the case. If the situation involves public hospitals that are run by state, local, or federal government the possibility of a separate, and much shorter statute of limitations could apply.

Expert Witnesses

Expert witnesses can assist juries and judges to understand the evidence and facts of a medical malpractice case. They can also provide specialized or professional opinions and inferences that can help them make a decision. They can offer this advice because their knowledge and expertise is more precise and reputable than the average person or one who has no medical training.

A lawyer can engage an expert witness who will examine medical records, provide a testimony and help the lawyer in putting together the case. The expert would then sign an affidavit and testify in court regarding their findings. An expert could be a hospital employee or health care provider at the institution of the defendant or an outsider.

The expert's testimony should reflect the current medical knowledge in the case at the time. Experts should not rebuke actions that fall within generally accepted practice standards, nor should they allow for performance that is in violation of the standards. Experts should be prepared and able submit transcripts from depositions or courtroom testimony to their peers to be reviewed. They should not enter into contracts in which the fees for their expert testimony are disproportionately high in relation to their time and effort involved.

Parents of children who suffers a serious birth injury may be able to seek compensation for future care that the child will require, and for any previous costs they've already paid to care for the child. A determined attorney can determine whether negligence caused the child's injuries at birth and obtain compensation that will help ease the financial burden of a family.