Birth Injury Litigation

Birth injuries can lead to serious disabilities that can impact your child's quality of living. Medical treatments can be costly and can take a long time.

A reputable lawyer can make a birth injury lawsuit as well as investigate the incident, gather evidence, build an argument for negligence and also represent you in settlement negotiations or at trial should it be necessary.

Settlements

In over 90 percent of medical malpractice cases, plaintiffs and defendants come to an agreement for settlement prior to the case going to trial. Both parties can avoid high and stressful court costs and receive compensation for the plaintiff. If an agreement cannot be reached the jury will decide if the defendants owe the plaintiff any compensation and the amount of the amount they are required to pay.

The first step towards receiving financial compensation for your child's birth injury is to prove that the doctor you hired to deliver your baby had a professional relationship with you and violated that duty during the birthing procedure. This can be accomplished with medical documents and hospital bills. Your lawyer will need to collect evidence that the breach was responsible for the injuries to your child.

Once you have this evidence, your lawyer will submit an order package to defendants' malpractice companies. The document contains a letter detailing the injuries suffered by your child, and any supporting evidence. The malpractice insurance company will look over the demand, and decide whether to accept or deny it. If the demand is rejected then your lawyer will make a claim.

Your lawyer could suggest that in the event of a successful lawsuit for birth injury, a part of the settlement or award is placed into a special needs fund. This will permit you to give future funds to your child to cover things such as physical therapy, medicine, and home modifications.

Trials

In some cases, attorneys attempt to reach an agreement to resolve the issue before going to court. Settlements offer the plaintiff with financial compensation and leads to an official agreement that resolves the case.

A lawyer's team will collect evidence to show that medical experts didn't adhere to a strict standard of care and caused injury. The lawyers representing the defendants will also gather evidence to counter the claims. The attorneys will meet to discuss for a settlement. If a settlement cannot be reached the case will go to trial.

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

A birth injury Law firms injury lawyer who has experience can make a significant difference in your case. Legal professionals can guarantee the best outcome at every stage of the legal process, starting with the creation of the demand letter, to filing the lawsuit and discovery, settlement negotiations and trial or, in the event of an appeal, if necessary. They can assist you in getting life-changing compensation for your family's needs. A lawyer can provide you with experts to help support your claim. The legal team at Lipsitz Green will investigate the incident to determine what went wrong and fight for fair settlement.

Statute of Limitations

The medical profession has its own set of rules that must be followed in all procedures. This includes the statute of limitations, which imposes a time limit for filing lawsuits. This limitation is intended to ensure that claims are filed as long as physical evidence remains available and the memories of witnesses are fresh. A lawsuit filed after the deadline for filing a lawsuit has passed is dismissed even in the event that it has a solid legal basis.

For victims of birth injuries the statute of limitations may be especially important. A successful claim may provide compensation for future and current medical costs, lost wages from missing work in order to care for the child, and emotional anxiety. In some cases, the jury or judge may also award punitive damage to punish defendants for excessive negligence.

A New York attorney who is experienced in birth injury claims is required to represent the victims. They can investigate the accident and gather evidence, make a case for negligence, and settle the case or go to trial if necessary. In some cases an accused party may try to dismiss a suit by saying that the statute of limitations has run out. A lawyer will be able to quickly determine if this is the situation. If the situation involves public hospitals that are run by state, local, or federal authorities there is a separate and much shorter statute of limitations could be in place.

Expert Witnesses

Expert witnesses can help juries and judges better understand the evidence and facts of the medical malpractice case. They also offer professional or expert opinions that help the jury to make a choice. They are able to do this because their experience and expertise is more precise and reliable than that of a layperson or someone who is not a medical professional.

A lawyer can engage an expert witness to look over medical records, offer a testimony, and aid the lawyer in preparing the case. The expert will sign an affidavit and then appear in the court. An expert can be an employee of a hospital or health care provider at the defendant's facility or an outsider.

The expert's report must reflect the current state of medical knowledge in the case at the time. The expert should not criticize actions that fall within generally accepted practices or support performance that is outside of those standards. Experts should be prepared to provide deposition transcripts as well as courtroom testimony for peer review. They should not enter into agreements in which the costs for birth injury law firms their expert testimony are disproportionately high relative to their time and effort involved.

Parents of a child that has suffered a serious birth trauma can seek damages to cover the future costs they'll be liable for the care of their child, as well as any previous expenses that may were caused. A steadfast attorney can determine whether negligence caused the child's injury at birth injury lawyer and obtain compensation that will help ease the financial burden of a family.