Birth Injury Litigation
Birth injuries can lead to serious disabilities that can affect your child's quality of life. The medical treatments they require could be costly and time-consuming.
A competent lawyer can file your birth injury lawsuit, investigate the incident and collect evidence, make an argument for negligence and assist you in settlement negotiations or in court if needed.
Settlements
In over 90% of medical malpractice cases, plaintiffs and defendants agree to a settlement agreement prior to the case going to trial. This allows both parties to avoid the burdensome and costly court costs, and also gives the plaintiff a promise of a fair settlement. If there is no trial the jury will decide whether the defendants owe plaintiff compensation and how much amount they have to pay.
The first step towards receiving financial compensation for a birth injury for your child is to establish that the doctor who delivered your child had a professional relationship with you, and that he acted in breach of this obligation during the birthing procedure. This can be accomplished using medical documents and hospital bills. Your lawyer will also have to establish that the breach resulted in the injuries to your child.
Once you have the evidence, your lawyer will submit a package of demands to the malpractice insurance companies of the defendants. The document contains a letter detailing the injuries suffered by your child, together with the supporting documentation. The malpractice company will review the demand and either accept or reject it. If the demand is denied the lawyer will file suit.
Your lawyer may suggest that in the event that a lawsuit is successful for birth injury, a part of the settlement or award be put into a special-needs fund. This will allow your child to access future funds for things like medicines or physical therapy as well as home modifications.
Trials
In some instances lawyers may try to reach a deal 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 seek evidence to prove medical experts didn't adhere to a strict standard of care and caused an injury. Lawyers representing the defendants will gather evidence of their own to counter assertions. The attorneys will then sit down with each and negotiate an amount for settlement. If a settlement cannot be reached, then the case will go to the court.
The trial process can take months or years to be completed. It can be a stressful, risky and painful for plaintiffs as they relive the trauma of their child's birth trauma. The winner may be awarded a large award. A losing party may appeal the decision.
An experienced
birth injury lawyer can make all the difference in your case. A lawyer can assist you to get the best possible outcome throughout the litigation process. From the writing of the demand letters to filing the lawsuits or discovery, settlement negotiations or appeals when necessary a lawyer will ensure you get the best outcome. They can help you obtain life-changing compensation for your family's requirements. A lawyer can also offer a network of expert witnesses to back your claim. The legal team of Lipsitz Green will investigate the case to determine the cause and fight for a fair settlement.
Statute of Limitations
The medical profession has its own set of rules that must be adhered to in all procedures. This includes the statute of limitations, which sets a deadline for filing lawsuits. This limit is meant to ensure that claims can be filed as long as evidence is still accessible and witnesses' memories remain fresh. Even if a lawsuit has a solid legal foundation it will be dismissed if it's filed after the statute has expired.
For birth injury victims the statute of limitations is particularly important. A successful case can result in compensation for the victim's current and future medical expenses and lost wages resulting from working less to care for their child, and emotional distress. In certain circumstances, a judge or jury could also award punitive damage to punish defendants who have shown excessive negligence.
Victims of birth injuries must have a New York attorney familiar with these types of claims. They can investigate the incident and gather evidence, present an argument for negligence, and reach a settlement or go to trial if necessary. In certain instances an accused party may try to dismiss a lawsuit saying that the time limit has expired. A lawyer is able to determine whether this is the situation. If the case involves public hospitals which are operated by the state, local or federal government the possibility of a separate, and much shorter statute of limitations could be in place.
Expert Witnesses
In the case of medical malpractice, experts are able to help jurors and judges understand the evidence and facts in the case. They also offer specialized or professional opinions that help the jury decide. They are allowed to offer their opinions because their expertise is more reliable and detailed than that of a layperson or someone who is not trained in medical sciences.
A lawyer may hire an expert witness to look over medical records, give a testimony, and aid the lawyer in preparing the case. The expert will then sign an affidavit, and testify in court regarding their findings. An expert can be a hospital employee, health care professional at the institution of the defendant, or an outsider.
The expert's report must reflect the current state of medical knowledge in the case at the time. Experts should not rebuke performance that falls within the generally accepted standards of practice or allow for performance that is in violation of the standards. Experts should be prepared and able to send transcripts of depositions and courtroom testimony to their peers to be reviewed. They should not sign agreements that state that the costs for expert testimony are excessively high in comparison to the time and efforts involved.
Parents of a child who has suffered a serious
birth Injury Law firms trauma may seek damages to cover the costs they'll have to pay for the care of their child and any past expenses that have been caused. A lawyer who stands by his word will determine if negligence was involved in a child's birth injury and secure compensation to ease a family's financial burden.