Birth Injury Litigation

Birth injuries can result in severe disabilities that can negatively impact the quality of life of your child. Medical treatments can be costly and can take a long time.

A competent lawyer will file a lawsuit for birth injuries, investigate the incident, collect evidence, and then make a case of negligence. They may also represent you at settlement negotiations or in court if needed.

Settlements

In the majority of medical malpractice lawsuits the defendant and plaintiff reach a settlement prior to the case is even tried. Both parties will avoid expensive and stressful court fees and receive compensation for the plaintiff. If there is no trial, a jury will decide whether the defendants are liable to pay the plaintiff compensation and how much they must pay.

The first step towards receiving financial compensation for birth injuries for your child is to establish that the doctor who delivered your child had a professional relationship with you, and that he acted in breach of this obligation during the birthing procedure. This can be accomplished using medical documents and hospital bills. Your lawyer will also need to collect evidence that proves the breach caused the injuries of your child.

If you have evidence, your lawyer will then submit a list of demands to the malpractice insurance companies of the defendants. This document includes a letter detailing the injury suffered by your child together with the supporting documentation. The malpractice insurance company will look over the request, and then either decide whether to accept or deny it. If the demand is denied then your lawyer will file suit.

If you are the victim of a successful birth injury lawsuit your lawyer may suggest placing a portion of your settlement or award in a special trust for children who require special. This will enable your child to use the funds for things like medicines and physical therapy as well as home modifications.

Trials

In certain instances lawyers may try to reach a settlement to resolve the matter without a court appearance. Settlements offer financial compensation to a plaintiff and ends in an official agreement that settles the matter.

An attorney's team will seek evidence to prove that medical professionals did not adhere to a high standard of care and caused injury. Lawyers for defendants will also collect their own evidence to counter allegations. The attorneys will meet to discuss for a settlement. If a settlement isn't reached, then the case will go to the court.

The trial process can take months or even years to be completed. Plaintiffs might feel pain, stress and anxiety as they try to relive their child's Birth Injury Law Firms injury trauma. The winning party could win a large award. The losing side can appeal the decision.

An experienced birth injury lawyer 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 writing the demand letter to filing the lawsuit or discovery, negotiation of settlement and trial, when necessary, appeals. They can assist you in obtaining an award that will change your life for your family's needs. A lawyer can provide you with experts to back your claim. The legal team at Lipsitz Green will investigate your case to determine how the injury occurred and fight for fair compensation.

Statute of Limitations

Medical professionals have their own set of rules that they must follow in their procedures. These include the statute of limitations, which has a time limit for filing lawsuits. This limitation is intended to ensure that claims are filed when physical evidence remains available and witnesses' memories are fresh. A lawsuit that is filed after the time limit has expired can be dismissed even if it has a strong legal basis.

The statute of limitations is important for victims of birth injuries. A successful claim may provide compensation for future and current medical costs as well as lost wages due to missing work to care for the child, and emotional distress. In certain cases, the juror or judge could also award punitive damage to punish defendants for extreme negligence.

Victims of birth injuries should have an New York attorney familiar with these kinds of claims. They can investigate the incident and gather evidence, make a case for negligence, and negotiate a settlement or go to trial if needed. In some instances the defendant might try to dismiss a case claiming that the statute of limitations has expired. A lawyer will be able determine quickly whether this is the case. If the situation involves public hospitals which are managed by the state, local or federal government there is a separate and shorter statute of limitations could apply.

Expert Witnesses

Expert witnesses can assist juries and judges to understand the evidence and the facts of a medical malpractice case. They can also offer expert or specialized opinions that help the jury to make a decision. They are able to do this because their knowledge is more reputable and detailed than the knowledge of a layperson or someone who is not trained in medical sciences.

Legal representatives can enlist an expert witness who will examine medical records, provide testimony and assist the lawyer to put together the case. The expert witness would then sign an affidavit as well as testify in court about their findings. An expert can be a hospital employee, health care provider at the institution of the defendant or an outsider.

The expert's opinion must reflect the current medical knowledge at the time. The expert should not denounce or condone performance within the generally accepted standards of practice. Experts should be willing and able to submit transcripts of depositions and courtroom testimony to their peers for review. They should not sign contracts that state that the costs for expert testimony are too high compared to their time and effort.

Parents of a child who has suffered a severe birth trauma may seek damages to pay for the future expenses they'll be liable for the care of their child, as well as any past expenses that were paid for. A lawyer who is unwavering will determine if negligence the cause of a child's birth injury and obtain compensation to ease a family's financial burden.