Birth Injury Litigation

Birth injuries can cause severe disabilities that could affect the quality of life of your child. Medical treatments can be costly and can take a long time.

A good lawyer can file your birth injury lawsuit as well as investigate the incident, gather evidence, present an argument for negligence and represent you during settlement negotiations or at trial in the event of a trial.

Settlements

In a majority of medical malpractice cases, the plaintiff and defendant agree to a settlement prior to the case is heard. This helps both parties save money and stress-inducing court fees, and it provides the plaintiff with a guarantee of a fair settlement. If a trial is not feasible, a jury determines whether the defendants are accountable to pay compensation and in what amount.

The first step towards receiving the financial compensation you deserve for your child's birth injury is to prove that the doctor you hired to deliver your baby had a an official relationship with you and breached that obligation during the birthing procedure. You can prove this by using medical records and hospital invoices. Your lawyer must find evidence that the breach was responsible for the injury to your child.

Once you have this evidence, your lawyer will submit an offer to the defendants' malpractice companies. The document will include a letter detailing the injury suffered by your child as well as supporting documentation. The malpractice insurance company will look over the request and decide whether to decide whether or not to accept it. If the demand is rejected, your lawyer will make a claim.

If you are the victim of a successful birth injury lawsuit, your attorney may recommend placing some of the settlement or award in a special trust for children with disabilities. This will allow your child to access future funds for things such as medicine or physical therapy as well as home modifications.

Trials

In certain cases lawyers may try to reach a settlement to resolve the matter without going to court. A settlement is an agreement formalized that resolves the matter and also provides compensation to the plaintiff.

An attorney's team will collect evidence to prove medical professionals did not adhere to a high standard of care, causing an injury. Lawyers for the defendants will also gather their own evidence to prove the allegations. The attorneys will then sit down with each and negotiate an amount for settlement. If a settlement isn't reached the case will be sent to trial.

The trial process can take months or years to be completed. Plaintiffs could experience stress, pain and danger as they revisit their child's birth injury lawyers injury trauma. The winning side could receive a large settlement. But, a party that loses can file an appeal of the decision.

An experienced birth injury lawyer can make a huge difference in your case. A lawyer can guarantee the best outcome at every step of the litigation process, from drafting the demand letter to filing the lawsuit and discovery, settlement negotiations and trial or, in the event of an appeal, if necessary. They can help you get compensation that will change your life and that of your family. A lawyer can provide you with a experts to support your claim. The legal team at Lipsitz Green will investigate your claim to determine how the injury occurred and fight for fair compensation.

Statute of limitations

The medical profession has its own set of rules that must be followed in all procedures. This includes the statute of limitation which establishes a deadline for filing lawsuits. This limit is intended to ensure that claims can be filed as long as evidence is still available and witnesses' memories are fresh. Even if a lawsuit has an established legal foundation it can be dismissed if it is filed after the statute has expired.

For birth injury victims the statute of limitation may be especially important. A successful claim could award compensation for current and future medical costs as well as lost wages due to missing work in order to take care of the child, and emotional distress. In some cases, the judge or jury may also award punitive damages to punish defendants who have demonstrated excessive 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 settle the case or go to trial if necessary. In certain situations there is a possibility that a defendant will attempt to dismiss a suit by saying that the statute of limitations has run out. A lawyer will be able to swiftly determine if this is the case. If the matter involves public hospitals which are operated by the state, local or federal authorities there is a separate and much shorter statute of limitations could be in place.

Expert Witnesses

Expert witnesses can assist juries and judges comprehend the evidence and facts of a medical malpractice case. They may also offer expert or specialized opinions to help jurors to make a choice. They are able to do this because their experience and expertise is more detailed and reliable than a layperson or someone who is not a medical professional.

Legal representatives can hire an expert witness to review medical records, provide a testimony, and assist the lawyer in preparing the case. The expert will then sign an affidavit and testify in court about their findings. An expert can be a hospital employee or health care professional at the defendant's facility or an outsider.

An expert's report should reflect the current state of medical knowledge at the time of the occurrence in the case. Experts should not rebuke performance that falls within generally accepted practice standards, nor injury should they support performance that is outside of those standards. Experts should be willing to submit transcripts of depositions and courtroom testimony to be reviewed by a peer. They should not sign agreements that state that the costs for expert testimony are too expensive compared to the time and effort.

Parents who have a child suffering from a severe birth injury may be able to seek compensation for future care that the child will require and also for past expenses that they have already paid to provide care for the child. A steadfast lawyer can determine if negligence was the cause of the child's injury at birth and can secure compensation to reduce the financial burden for families.