Birth Injury Litigation
Birth injuries can lead to serious disabilities and can affect the quality of life of your child. The medical treatment they require can be costly and long.
A competent lawyer will file a lawsuit for birth injuries, investigate the incident, collect evidence, and make the case of negligence. They can also represent you at settlement negotiations or in court if needed.
Settlements
In over 90 percent of medical malpractice cases, plaintiffs and defendants reach an agreement to settle the case prior to the case going to trial. This helps both parties avoid expensive and stressful court costs, and also gives the plaintiff a guarantee of compensation. If an agreement cannot be reached the jury will decide whether the defendants owe the plaintiff compensation and how much money they should pay.
The first step to receive the financial compensation your child deserves for his
birth injury Law firms injury is proving that the doctor you hired to deliver your baby had an professional relationship with you and breached that duty during the birthing process. This can be done with medical records and hospital bills. Your lawyer will have to find evidence that the breach was responsible for the injuries to your child.
Once you have this evidence, your lawyer will submit a demand form to the plaintiffs' malpractice insurers. This document includes a letter detailing the injury suffered by your child as well as supporting documentation. The malpractice insurer will examine the request and either accept it or reject it. If the demand is rejected the lawyer will file a lawsuit.
Your attorney may recommend that, in the event that a lawsuit is successful for birth injury, a part of the settlement or award is put into a special-needs fund. This will enable you to give future funds to your child to cover things like medicine, physical therapy, and home modifications.
Trials
In some cases, lawyers will try to reach an agreement to settle the issue prior to going to court. A settlement is an agreement formalized that resolves the matter and also provides compensation to the plaintiff.
A team of attorneys will collect evidence to prove that medical professionals did not adhere to a high level of care and caused injury. Lawyers for defendants will also collect evidence on their own to counter claims. The attorneys will then meet with each the other to negotiate an amount for settlement. If a settlement isn't reached, then the case will be taken to the court.
The trial process could take months or years to be completed. Plaintiffs might feel pain, stress and even risk when they recall their child's birth injury trauma. The winning party may receive an enormous amount. The losing side could appeal the decision.
An experienced birth injury lawyer can make all the difference in your case. A lawyer can help you obtain the best outcome throughout the litigation process. From the creation of demand letters to filing lawsuits or discovery, settlement negotiation and appeals, as well as trials when necessary A legal professional can ensure the most favorable outcome. They can help you get compensation that will change your life and the lives of your family. A lawyer can provide you with a an expert network to help you with your claim. The legal team of Lipsitz Green will investigate the incident to determine what went wrong and fight for a fair amount of compensation.
Statute of limitations
Medical professionals have their own set of rules they must adhere to in their procedures. These include 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 still fresh. A lawsuit filed after the time limit has expired is dismissed even if it has a strong legal basis.
For victims of birth injuries, the statute of limitations can be crucially important. A successful case can result in compensation for the victim's current and future medical expenses as well as lost wages due to working less to take care of their child, as well as emotional distress. In certain cases the judge or jury may also award punitive damages to punish defendants for committing a serious negligence.
A New York attorney who is familiar with birth injury claims should represent the victims. They are able to investigate the incident and collect evidence, build an argument for negligence, and reach a settlement or go to trial if necessary. In some cases, a defendant may try to dismiss a lawsuit claiming that the statute of limitations has passed. A lawyer should be able quickly determine if this is the case. If the case involves a public health facility, which are operated by local, state or federal governments in a different and possibly shorter statute of limitations could apply.
Expert Witnesses
In a medical malpractice case, experts are able to help jurors and judges to understand evidence and facts in the case. They can also offer specialized or professional opinions and inferences that can help them make the right decision. They can do this because their experience and expertise is more thorough and reputable than a layperson or someone who has no medical training.
A lawyer can engage an expert witness to look over medical records, provide testimony, and assist the lawyer in preparing the case. The expert will sign an affidavit, and then testify in the court. An expert could be a hospital employee, health care professional at the institution of the defendant or an outsider.
An expert's report should reflect the current state of medical knowledge at the time of the incident. The expert should not denounce or condone the performance of a physician within generally accepted standards of practice. Experts should be prepared and able submit transcripts from depositions or courtroom testimony to peers for review. They should not sign agreements where the fees for their expert testimony are inordinately expensive in comparison to the time and effort involved.
Parents who have a child who has suffered a serious birth injury may claim damages for the future care that their child will require and also for past costs they've already paid for the care of the child. A lawyer who is committed can determine if negligence was responsible for a child's birth injury and seek compensation to ease the family's financial burden.