birth injury law firms Injury Litigation

Birth injuries can cause severe disabilities that could affect your child's quality of living. Medical treatments can be costly and lengthy.

A competent lawyer can bring a birth injury lawsuit as well as investigate the incident, gather evidence, create the case for negligence, and represent you during settlement negotiations or in court should it be necessary.

Settlements

In 90% of medical malpractice cases, the plaintiff and defendant negotiate an agreement prior to the case is tried. This lets both parties save money and stress-inducing court costs, and provides the plaintiff with a guarantee of a fair settlement. If a trial is not feasible, a jury will decide whether the defendants are liable to pay compensation and how much.

The first step towards receiving financial compensation for a birth injury in your child is proving the doctor who gave birth to your child had a professional relationship with you, and that he violated this obligation during the birthing process. This can be done by using medical documents and hospital invoices. Your lawyer must find evidence that the breach led to the injury to your child.

If you have the evidence, your lawyer will submit a demand form to the plaintiffs' malpractice insurers. The demand package will contain a comprehensive letter describing your child's injuries and the supporting documents. The malpractice insurer will examine the request and either take it up or reject it. If the demand is rejected your lawyer will file suit.

In the event of an outcome in a birth injury lawsuit Your attorney might suggest placing part of your settlement or award into a special trust for children with special needs. This will permit your child to have access to future funds to fund things like medicine or physical therapy as well as home modifications.

Trials

In some instances, attorneys may try to reach an agreement to resolve the matter before going to court. Settlements provide financial compensation to a plaintiff and results in an official agreement that ends the matter.

A team of attorneys will gather evidence to prove that medical professionals did not meet the standards of care and caused injury. Lawyers for defendants will also gather their own evidence to counter allegations. The attorneys will meet to discuss an agreement. If a settlement cannot be reached then the case will go to trial.

The trial process may last for months or even years to be completed. Plaintiffs can be afflicted with pain, stress and risk as they relive the trauma of their child's birth. The winning side could be awarded a huge verdict. The losing side could appeal the decision.

A knowledgeable birth injury lawyer can make all the difference in your case. Legal professionals can guarantee the best result at every step of the legal process, starting with the creation of the demand letter, to filing the lawsuit or discovery, negotiation of settlement and trial, and if needed, appeals. They can assist you in obtaining an award that will change your life for your family's needs. A lawyer can also provide a network of expert witnesses to support 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 to follow when conducting procedures. This includes the statute of limitations which sets a deadline for filing lawsuits. This limit is set to ensure that claims are filed as long as evidence in the physical remains and witnesses' memories are fresh. A lawsuit that is filed after the time limit has expired is dismissed even when it has a solid legal basis.

The statute of limitations is crucial for birth Injury law Firms injuries. A successful case could result in compensation for current and future medical expenses as well as lost wages due to missing work to take care of the child, as well as emotional anxiety. In some cases a judge or jury will also award punitive damages intended to punish defendants for committing a serious negligence.

Victims of birth injuries should have a New York attorney familiar with these types of claims. They can investigate and gather evidence to prove a case of negligence or negotiate a settlement or even go to court if necessary. In some instances, a defendant might attempt to dismiss a case by saying that the statute of limitations has run out. A lawyer will be able to quickly determine when this is the case. If the situation involves a public hospital, which are operated by local or federal government in a different and possibly shorter time limits for statute of limitations could be in effect.

Expert Witnesses

Expert witnesses can help juries and judges comprehend the evidence and the facts of the medical malpractice case. They can also provide expert or specialized opinions to help the jury make a decision. They can do this because their experience and expertise is more detailed and reputable than a layperson or someone who is not a medical professional.

A lawyer can engage an expert witness to review medical records, give testimony and assist the lawyer to put together the case. The expert will sign an affidavit and then testify in court. An expert could be a hospital employee or health care provider from the defendant's institution or an outsider.

The testimony of an expert should reflect the current state of medical knowledge at the time of the event in the case. The expert should not denounce or condone performance within the generally accepted guidelines of practice. Experts should be able to provide deposition transcripts as well as courtroom testimony to be reviewed by a peer. They should not sign any contracts where the fees for expert testimony are too expensive compared to the time and effort.

Parents who have a child suffering from a severe birth injury may be able to claim damages for the future care that their child will require, in addition to any past expenses that they have already paid to care for the child. A determined attorney can determine if negligence caused the child's injury during birth and seek compensation to alleviate the financial burden of the family.