Birth Injury Litigation
birth injury law firms injuries can cause severe disabilities that can negatively impact your child's quality of living. Medical treatments can be expensive and take a long time.
A good lawyer will file a lawsuit for birth injuries, investigate the incident, gather evidence, and build a case of negligence. They may represent you in settlement negotiations or in court, if required.
Settlements
In 90% of medical malpractice lawsuits the plaintiff and defendant negotiate a settlement prior to the case is even tried. This allows both parties to avoid costly and stressful court fees, and it gives the plaintiff a promise of a fair settlement. If a trial is not feasible, a jury will decide whether the defendants are responsible to pay compensation and how much.
The first step to receive financial compensation for a birth injury in your child is to prove the doctor who delivered your child had a professional relationship with you and that he acted in breach of this obligation during the birthing process. This can be done with medical documents and hospital bills. Your lawyer will also need to establish that the breach caused your child's injuries.
If you have evidence, your attorney will send a set of demands to the malpractice insurance carriers of the defendants. The demand package will contain a comprehensive letter detailing the injuries suffered by your child along with any supporting documents. The malpractice insurer will review the request and decide whether to accept or reject it. If the demand is denied, your lawyer will file suit.
In the event of a successful birth injury lawsuit, your attorney may recommend placing part of your settlement or award in a special trust for children who require special. 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, attorneys may try to find a solution to the issue prior to going to court. Settlements provide the plaintiff with financial compensation and results in an official agreement that settles the matter.
An attorney's team will collect evidence to prove that medical professionals didn't meet a certain standard of care and caused an injury. Lawyers representing the defendants will collect their own evidence to prove the allegations. The attorneys will then meet one the other to negotiate a settlement amount. If no settlement can be reached the case will be sent to trial.
The trial process could take months or years to be completed. Plaintiffs may suffer from pain, stress and even risk when they recall the trauma of their child's birth. The winner may be awarded a large award. The losing side can file an appeal of the decision.
An experienced
Birth Injury Law Firms injury lawyer can make a huge difference in your case. A lawyer can assist you to get the best possible outcome at every stage of the litigation process. From the writing of the demand letters, to filing the lawsuits, discovery, settlement negotiation or appeals 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 also offer a network of expert witnesses to prove 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 adhered to during 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 while evidence is still accessible and witnesses' memories remain fresh. Even if the lawsuit is based on an established legal foundation, it is dismissed if it is filed after the statute of limitations has expired.
The time limit for filing a claim can be important for birth injuries. A successful case can result in compensation for the victim's current and future medical expenses, lost wages due to working less to care for their child, as well as emotional stress. In certain cases, the judge or jury could also award punitive damage to punish defendants for extreme negligence.
Victims of birth injuries should have a New York attorney familiar with these types of claims. They can conduct an investigation and gather evidence to prove a case of negligence, negotiate a settlement, or take the case to court if required. In certain instances, a defendant may try to dismiss a lawsuit by claiming that the statute of limitation is over. A lawyer will be able to determine quickly when this is the case. If the case involves a public health facility that is managed by local or federal government in a different and possibly shorter statute of limitation periods could be in effect.
Expert Witnesses
In the event of a medical malpractice case expert witnesses help judges and juries understand the evidence and the facts of the case. They may also provide expert or specialized opinions and inferences that can help them make an informed decision. They are able to offer their opinions because their knowledge is more reliable and detailed than that of a layperson, or someone who is not trained in medical sciences.
Legal representatives can hire an expert witness to look over medical records, offer a testimony, and aid the lawyer in preparing the case. The expert will then sign an affidavit, and testify in court about their findings. An expert could be an internal employee of the defendant's hospital or health care system, or a person who is not employed by the institution.
The expert's report must reflect the current medical knowledge available at the time. The expert should not condemn any practice that is not in line with generally accepted practice standards, nor should they support performance that is outside 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 be a part of contracts that state that the costs for expert testimony are excessively high in comparison to the time and effort.
Parents of a child who suffered a severe birth trauma may seek damages to cover the costs they'll have to pay to care for their child and any expenses that were incurred. An experienced attorney can determine whether negligence was the cause of the child's birth injury and secure compensation that can alleviate the financial burden of the family.