Birth Injury Litigation

Birth injuries can lead to serious disabilities and can affect the quality of life of your child. Medical treatments can be costly and take a long time.

A good lawyer will file a lawsuit for birth injury settlement injuries, investigate the incident, collect evidence, and present an argument for negligence. They may represent you in settlement negotiations or in court if necessary.

Settlements

In over 90% of medical malpractice cases, the plaintiffs and defendants come to an agreement to settle the case before going to trial. This lets both parties avoid the burdensome and costly court costs, and gives the plaintiff a guarantee of a fair settlement. If a trial isn't feasible, a jury determines whether the defendants are accountable to pay compensation and how much.

The first step in obtaining the financial compensation your child deserves for his birth injury law injury is to prove that the doctor you hired to deliver your baby was in an professional relationship with you and violated that duty during the birthing procedure. You can do this by using medical documents and hospital invoices. Your lawyer will also need to gather evidence that the breach was responsible for the injuries of your child.

Once you have the evidence, your attorney will then submit a list of demands to the malpractice insurance carriers of the defendants. The demand package will contain a comprehensive letter that describes the injuries your child sustained along with any supporting documents. The malpractice insurance company will look over the request and decide whether to accept it or reject it. If the demand is rejected, your lawyer will file a lawsuit.

Your lawyer could suggest that in the case of a successful lawsuit involving birth injuries, a portion of the settlement or award is put into a special needs fund. This will allow your child to use the funds for things such as medicine, physical therapy and Birth Injury Litigation home modifications.

Trials

In some cases, lawyers will try for a settlement in order to settle the issue without going to court. A settlement is an agreement that is formal and resolves the case and offers compensation to the plaintiff.

An attorney's team will collect evidence to prove medical professionals didn't meet a certain standard of care, causing an injury. Lawyers for defendants will also collect their own evidence to counter assertions. The attorneys will then meet one the other to negotiate a settlement amount. If a settlement can't be reached then the case will go to trial.

The trial process can take months or even years to be completed. Plaintiffs can feel pain, stress and danger as they revisit the trauma of their child's birth injury litigation. The winner may be awarded an award of a significant amount. The losing side can file an appeal of the decision.

A knowledgeable birth injury claim injury lawyer can make a huge difference in your case. A legal professional can ensure the best outcome through every stage of the litigation process, from drafting the demand letter to filing the lawsuit, discovery, settlement negotiations and trial, when necessary, appeals. They can assist you in obtaining the life-changing amount of compensation your family needs. A lawyer can connect you to a an expert network to help you with your claim. The legal team at Lipsitz Green will investigate your case to determine the cause of the injury occurred and fight for fair compensation.

Statute of Limitations

The medical profession has its own set of rules to be followed in all procedures. This includes the statute of limitations, that imposes a deadline for filing lawsuits. This limit is intended to ensure that claims can be filed when evidence is still available and witnesses' memories are fresh. Even if the lawsuit is based on a solid legal foundation, it is dismissed if it is filed after the statute of limitations has expired.

For birth injury victims the statute of limitation may be especially important. A successful case could result in the compensation needed for future and ongoing medical expenses as well as lost wages due to missing work to care for the child, and emotional stress. In some cases, the juror or judge could also award punitive damage to punish defendants who have demonstrated the most reckless of negligence.

A New York attorney who is well-versed in birth injury claims should represent victims. They can investigate the accident and collect evidence, build a case for negligence, Birth Injury Litigation and settle the case or go to trial if needed. In some instances there is a possibility for a defendant to dismiss a case claiming that the statute of limitation has run out. A lawyer will be able to swiftly determine if this is the case. If the case involves public hospitals which are operated either by the state, local or federal government, a separate and possibly shorter statute of limitations could apply.

Expert Witnesses

In a medical malpractice case, experts can help judges and juries understand the evidence and facts in the case. They also offer expert or specialized opinions to help the jury make a decision. They are permitted to make this claim because their knowledge and expertise is more detailed and trustworthy than an average person or someone who is not a medical professional.

A legal representative may retain an expert witness to look over medical records, provide a testimony, and aid the lawyer in preparing the case. The expert would sign an affidavit, and then testify in court. An expert could be an internal employee of the defendant's hospital, health care system, or a person who is not employed by the institution.

The expert's opinion must reflect the current medical knowledge available at the time of the hearing. The expert should not criticize the performance that is within generally accepted practice standards or support performance that is outside of the standards. Experts should be prepared and able to provide transcripts from depositions or courtroom testimony to their peers to be reviewed. They should not sign agreements where the fees for their expert testimony are unreasonably high in relation to the time and effort.

Parents of a child who suffered a severe birth trauma can seek damages to cover the cost they will incur to care for their child and any previous expenses that were paid for. A steadfast lawyer can determine if negligence was the cause of the child's injury at birth injury compensation and seek compensation to ease the financial burden on the family.