Birth Injury Litigation
birth injury attorney injuries can lead to serious disabilities that can impact the quality of life for your child. The medical treatments they require could be costly and take a long time.
A reputable lawyer can file your birth injury lawsuit, investigate the incident and collect evidence, make the case for negligence, and also represent you in settlement negotiations or at trial if necessary.
Settlements
In more than 90% of medical malpractice cases, plaintiffs and defendants agree to a settlement agreement before the case goes to trial. This helps both parties avoid costly and stressful court costs, and provides the plaintiff with a guarantee of compensation. If a trial isn't feasible, a jury will decide whether the defendants are responsible to compensate the plaintiff and how much.
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 baby was in a professional relationship with you and violated that duty during the birthing process. This can be accomplished through medical records and hospital bills. Your lawyer will have to prove that the breach led to the injuries to your child.
Once you have the evidence, your attorney will present a complete set of demands to the malpractice insurance carriers of the defendants. This document includes a detailed letter that outlines the child's injuries along with supporting documents. The malpractice insurance company will review the request and decide whether to decide whether or not to accept it. If the demand is rejected your lawyer will file a lawsuit.
If you are the victim of the outcome of a successful lawsuit for birth injuries the attorney you consult with may recommend placing some of the settlement or award in a special trust for children with disabilities. This will enable you to give future funds to your child to cover things like physical therapy, medicine, and home modifications.
Trials
In some instances, lawyers will try to negotiate a settlement to resolve the matter without a court appearance. Settlements offer the plaintiff with financial compensation and leads to an official agreement that ends the matter.
A team of attorneys will gather evidence to show that medical professionals did not provide a high level of care and aggravated injuries. Lawyers for the defendants will also gather evidence to counter the claims. The attorneys will then sit down with each and negotiate a settlement amount. If a settlement can't be reached, the case will go to trial.
The trial process could last for months or even years to take to. Plaintiffs could suffer from pain, stress and danger as they revisit the trauma of their child's
birth injury attorneys. The winning party could be awarded a substantial verdict. The losing side can appeal the decision.
An experienced
birth injury lawyer can make a huge difference in your case. A lawyer can assist you to achieve the best possible outcome at every stage of the litigation process. From drafting the demand letters to filing the lawsuits or discovery, settlement negotiation and appeals, as well as trials should they be required, a legal professional will ensure you get the best outcome. They can assist you in getting an award that will change your life for your family's requirements. A lawyer can help you establish a a network of experts to help you with your claim. The legal team at Lipsitz Green will investigate the case to determine what transpired and fight for reasonable amount of compensation.
Statute of Limitations
The medical profession has its own set of rules to be adhered to when performing procedures. This includes the statute of limitation, which sets a deadline for filing lawsuits. This limit is designed to ensure that claims are filed in the time evidence is available in physical form and the memories of witnesses are fresh. A lawsuit that is filed after the time limit has expired can be dismissed even when it has a solid legal basis.
For birth injury victims, the statute of limitations can be crucially important. A successful claim may provide compensation for current and future medical costs, lost wages from missing work in order to take care of the child, as well as emotional distress. In some cases a judge or jury may also award punitive damages intended to punish defendants for their extreme inattention to detail.
A New York attorney who is familiar with birth injury claims should represent the victims. They can conduct an investigation and gather evidence to establish a case of negligence, negotiate a settlement, or go to court if required. In certain instances the defendant could try to dismiss a lawsuit claiming that the statute of limitations has passed. A lawyer will be able to determine quickly if this is the situation. If the situation involves a public hospital that is operated by local, state or federal governments, separate and potentially much shorter statute of limitation periods could apply.
Expert Witnesses
In an instance of medical malpractice, experts are able to help jurors and judges to understand evidence and facts in the case. They can also provide specialized or professional opinions and inferences to assist them in making the right decision. They are allowed to make this claim because their knowledge and expertise is more specific and reliable than that of an average person or someone who has no medical education.
Legal representatives can hire an expert witness to review medical records, give an account and assist the lawyer in putting together the case. The expert will then sign an affidavit and be present in court about their findings. An expert can be a hospital employee or health care provider from the defendant's establishment or an outsider.
An expert's testimony should reflect the current state of medical knowledge at the time of event in the case. Experts should not rebuke the performance that is within the generally accepted standards of practice or allow for performance that is in violation of those standards. Experts should be prepared to provide deposition transcripts as well as courtroom testimony for peer review. They should not sign contracts where the fees for expert testimony are excessively expensive in comparison to the time and effort.
Parents who have a child who suffers a serious birth injury may claim damages for the future care that their child will require, and also for past expenses they have already incurred to care for the child. A determined attorney can determine whether negligence was the cause of the child's birth injury and secure compensation that can alleviate the financial burden of families.