Birth Injury Litigation

birth injury lawsuits injuries can cause severe disabilities and impact the quality of life for your child. Medical treatments can be expensive and lengthy.

A good lawyer can start a lawsuit for birth injuries, investigate the incident and birth injury lawyer collect evidence, make an argument for negligence and assist you in settlement negotiations or in court in the event of a trial.

Settlements

In a majority of medical malpractice lawsuits the plaintiff and defendant negotiate an agreement before the case is even tried. Both parties can avoid costly and stressful court fees and receive compensation for the plaintiff. If a trial is not possible, a jury decides whether the defendants have a duty to pay compensation and in what amount.

The first step to receive financial compensation for birth injuries in your child is proving the doctor who gave birth to your baby had an established professional relationship with you and that he did not fulfill this obligation during the birthing procedure. This can be accomplished using medical records and hospital bills. Your lawyer will need to prove that the breach led to your child's injuries.

Once you have the evidence, your attorney will submit a package of demands to the malpractice insurers of the defendants. This document contains a thorough letter describing your child's injuries and the supporting documents. The malpractice insurance company will review the demand and either accept it or reject it. If the demand is rejected, your lawyer will bring a lawsuit.

Your lawyer may suggest that in the event of a successful lawsuit to remedy birth injuries, a percentage of the settlement or award is placed in a special needs fund. This will enable your child to have access to future funds for things like medicines and physical therapy as well as home modifications.

Trials

In some instances lawyers will attempt to reach a settlement to resolve the matter without having to go to court. Settlements offer financial compensation to a plaintiff and results in an official agreement that settles the case.

A team of lawyers will gather evidence to prove that medical professionals did not provide the standards of care, causing injury. Lawyers for defendants will also collect their own evidence to counter assertions. The attorneys will meet to discuss the terms of a settlement. If a settlement isn't reached, then the case will go to the court.

The trial process could take months or years to complete. It can be stressful, risky and painful for plaintiffs as they go through the trauma of their child's birth injuries. The winning side could be awarded a substantial verdict. The losing party can appeal the decision.

An experienced birth injury lawyer can make a huge difference in your case. A lawyer can assist you to obtain the best outcome throughout the litigation process. From the writing of the demand letters to filing lawsuits and discovery, settlement negotiations, trial, or appeals when necessary a lawyer can ensure the most favorable outcome. They can assist you in getting life-changing compensation for your family's needs. A lawyer can provide you with a an expert network to support your claim. The legal team at Lipsitz Green will investigate your case to determine how the injury occurred and fight for fair compensation.

Statute of Limitations

Medical professionals have their own set of rules they must adhere to when conducting procedures. This includes the statute of limitations which specifies a deadline for filing lawsuits. This limitation is designed to ensure that claims can be filed when evidence is still accessible and witnesses' memories are still fresh. A lawsuit filed after the deadline for filing a lawsuit has passed is dismissed even in the event that it has a solid legal basis.

The statute of limitations can be important for birth injury attorneys injuries. A successful claim may provide compensation for current and future medical costs, lost wages from missing work to take care of the child, as well as emotional distress. In certain instances, the juror or judge could also award punitive damages to punish defendants who have shown an extreme lack of care.

A New York attorney who is experienced in birth injury claims is required to represent the victims. They are able to investigate the incident and gather evidence, present a case for negligence and reach a settlement or go to trial if needed. In certain situations an accused party may try to dismiss a lawsuit by claiming that the statute of limitations has expired. A lawyer will be able to quickly determine when this is the case. If the case involves a public health facility that is operated by local government agencies, whether federal or state-based there could be separate and shorter statute of limitation periods may be in effect.

Expert Witnesses

Expert witnesses can assist juries and judges to understand the evidence and facts of a medical malpractice case. They can also offer specialized or professional opinions and conclusions to help them make the right decision. They are allowed to offer their opinions because their expertise is more reliable and detailed than those of a layperson or someone without medical training.

A lawyer may hire an expert witness to review medical records, give a testimony, and aid the lawyer in preparing the case. The expert will sign an affidavit and then appear in the court. An expert could be a hospital employee or health care provider at the defendant's facility, or an outsider.

An expert's testimony should reflect the current state of medical knowledge at the time of occurrence in the case. The expert should not condemn or excuse any action that is not in line with generally accepted guidelines of practice. Experts should be prepared and able to send transcripts of depositions or courtroom testimony to peers for birth injury lawyer review. They should not be a part of contracts that state that the costs for expert testimony are too high compared to their time and effort.

Parents who have a child with a severe birth injury may claim damages for the future medical care their child will require and also for past costs they've already paid to provide care for the child. A lawyer who is unwavering will determine if negligence involved in a child's birth injury and seek compensation to ease the family's financial burden.