Birth Injury Litigation

birth injury attorney injuries can lead to severe disabilities that could affect your child's quality of living. Medical treatments can be expensive and take a long time.

A competent lawyer will bring a birth injury lawsuit and investigate the incident to collect evidence, make a case for birth injury lawyer negligence and represent you in settlement negotiations or in court if necessary.

Settlements

In more than 90 percent of medical malpractice cases, plaintiffs and defendants sign an agreement on settlement before going to trial. Both parties are able to avoid the costly and stressful court costs and receive compensation for the plaintiff. If a trial isn't feasible, a jury will decide whether the defendants have a duty to pay compensation and in what amount.

The first step in obtaining the financial compensation your child deserves for his birth injury is to prove that the doctor you hired to deliver your child had a a professional relationship with you, and he violated this obligation during the birthing procedure. You can do this by using medical records and hospital invoices. Your lawyer will also need to collect evidence that proves the breach was responsible for your child's injuries.

Once you have this evidence, your lawyer will submit a demand package to the defendants' malpractice carriers. This document includes a detailed letter that describes the injuries your child sustained along with supporting documents. The malpractice insurance company will review the demand and either accept or deny it. If the demand is denied then your lawyer will file a lawsuit.

Your lawyer could suggest that in the event of a successful lawsuit involving birth injury, a portion of the settlement or award be placed into a special needs fund. This will enable your child to use the funds for things like medicine physical therapy, home modifications.

Trials

In certain cases, attorneys will attempt to reach an agreement to resolve the matter before going to court. A settlement provides financial compensation to a plaintiff and results in an official agreement that settles the matter.

A team of attorneys will gather evidence to prove that medical professionals did not adhere to the highest standards of care and aggravated injuries. Lawyers representing the defendants will also gather their own evidence to prove the allegations. The attorneys will meet to negotiate an agreement. If a settlement can't be reached then the case will go to trial.

The trial process can last for months or even years to take to. Plaintiffs might be afflicted with pain, birth injury lawyer stress and risk as they relive their child's birth injury trauma. The winner could receive a substantial amount. But, a party that loses could appeal the decision.

An experienced birth injury lawyer can make all the difference in your case. Legal professionals can guarantee the best outcome at every stage of the litigation process, from drafting the demand letter, to filing the lawsuit as well as settlement negotiations, discovery and trial, should it be necessary, appeals. They can help you get compensation that will change your life and that of your family members. A lawyer can also offer experts to back your claim. The legal team at Lipsitz Green will investigate your claim to determine how the injury occurred and fight for fair compensation.

Statute of Limitations

Medical professionals have their own set of rules to adhere to in their procedures. This includes the statute of limitations, which sets a deadline for filing lawsuits. This limit is intended to ensure that claims can be filed when evidence is still accessible and witnesses' memories are still fresh. Even if the suit has a solid legal basis it will be dismissed if filed after the statute of limitations has expired.

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

The victims of birth injuries should have an New York attorney familiar with these kinds of claims. They can investigate the accident and gather evidence, present a case for negligence, and settle the case or go to trial if necessary. In some instances the defendant could try to dismiss a lawsuit by claiming that the statute of limitation has run out. A lawyer will be able to swiftly determine if this is the situation. If the case involves a public health facility, which are operated by local government agencies, whether federal or state-based in a different and possibly shorter statute of limitations may apply.

Expert Witnesses

In a medical malpractice case, expert witnesses can assist jurors and judges to understand the evidence and the facts of the case. They can also provide expert opinions or conclusions to help them make an informed decision. They are allowed to offer their opinions because their expertise is more reliable and thorough than those of a layperson or someone who is not trained in medical sciences.

Legal representatives can enlist an expert witness who will review medical records, give an account and assist the lawyer with the case. The expert would then be required to sign an affidavit and be present in court about 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 must reflect the current medical knowledge in the case at the time of the hearing. The expert should not criticize any practice that is not in line with generally accepted practice standards or condone performance that is outside of those standards. Experts should be prepared to provide deposition transcripts and courtroom testimony for peer review. They should not sign contracts that state that the costs for expert testimony are too high compared to their time and efforts involved.

Parents who have a child with a severe birth injury may claim damages for the future care that the child will require, in addition to any past expenses that they have already paid to provide care for the child. A reliable attorney can determine if negligence was the cause of the child's injuries at birth and seek compensation to help ease the financial burden of families.