Birth Injury Litigation

Birth injuries can cause severe disabilities that can negatively impact the quality of life of your child. Medical treatments can be expensive and can take a long time.

A competent lawyer will file your birth injury lawsuit and investigate the incident to gather evidence, create a case for negligence and assist you in settlement negotiations or at trial if necessary.

Settlements

In a majority of medical malpractice lawsuits, the plaintiff and defendant negotiate an agreement prior to the case is heard. This allows both parties to avoid the burdensome and costly court costs, and gives the plaintiff a promise of compensation. In the event that the trial is not able to be concluded, a jury will determine whether the defendants are liable to pay the plaintiff compensation and how much the amount they are required to pay.

The first step towards receiving financial compensation for birth injuries in your child is to prove the doctor who delivered your baby had an established professional relationship with you and that he did not fulfill this duty during the birthing procedure. You can prove this using medical records and hospital invoices. Your lawyer will also have to collect evidence that proves the breach was responsible for the injuries to your child.

Once you have the evidence, your lawyer will then submit a list of demands to the malpractice insurance companies of the defendants. The document will include a letter detailing the child's injuries together with the supporting documentation. The malpractice insurance company will go through the request and either accept or reject it. If the demand is rejected then your lawyer will bring a lawsuit.

Your attorney may recommend that, in the event of a successful lawsuit involving birth injuries, a percentage of the settlement or award be placed into 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 certain cases, attorneys will attempt to reach an agreement to settle the issue prior to going to court. A settlement is a formal agreement that resolves the case and offers compensation to the plaintiff.

A team of attorneys will gather evidence to show that medical professionals failed to meet a high level of care, causing injury. Lawyers for defendants also collect their own evidence to counter assertions. The attorneys will meet to negotiate a settlement. If a settlement cannot be reached, then the case will go to the court.

The trial process can take a long time to complete. Plaintiffs may feel pain, stress and risk as they relive their child's birth injury trauma. The winning side may receive a large settlement. However, a losing party can appeal the decision.

A skilled birth injury lawyer can make all the difference in your case. A lawyer can help you achieve the best possible outcome at every stage of the litigation process. From the creation of demand letters, to filing the lawsuits or discovery, settlement negotiation, trial, or appeals should they be required A legal professional can ensure the most favorable outcome. They can help you obtain compensation that can change your life and the lives of your family. A lawyer can also help you establish a an expert witness network to prove your claim. The legal team of Lipsitz Green will investigate the case to determine the cause and fight for a reasonable amount of compensation.

Statute of Limitations

Medical professionals have their own set of rules to adhere to when performing procedures. This includes the statute of limitation which establishes a deadline for filing lawsuits. This limitation is designed to ensure that claims can be filed while evidence is still accessible and witnesses' memories remain fresh. Even if the suit has a solid legal basis it will be dismissed if filed after the statute of limitations has expired.

For ridley park birth injury lawsuit injury victims the statute of limitation could be particularly crucial. A successful case can result in compensation for the victim's current and future medical expenses, lost wages due to missing work to care for their child, as well as emotional distress. In some cases a judge or jury will also award punitive damages to punish defendants for committing a serious carelessness.

Victims of birth injuries must have an New York attorney familiar with these types of claims. They can investigate the accident and gather evidence, present a case for negligence and negotiate a settlement or go to trial if necessary. In certain cases the defendant could try to dismiss a lawsuit by claiming that the statute of limitation is over. A lawyer will be able determine quickly if this is the situation. If the case involves a public health facility that is run by local or federal government, separate and potentially much shorter statute of limitations may be in effect.

Expert Witnesses

In the event of a medical malpractice case experts are able to help judges and juries understand evidence and facts in the case. They can also provide professional or expert opinions to help jurors decide. They are allowed to make this claim because their knowledge and expertise is more specific and trustworthy than the average person or one who has no medical training.

A legal representative may retain an expert witness to review medical records, give a testimony, and assist the lawyer in putting together the case. The expert will then sign an affidavit and testify in court about their findings. An expert could be a hospital employee, health care provider at the institution of the defendant, or an outsider.

An expert's testimony should reflect the state of medical knowledge at the time of event in the case. The expert should not denigrate or condone the performance of a physician within generally accepted guidelines of practice. Experts should be prepared and able to submit transcripts of depositions and courtroom testimony to peers for review. They should not sign agreements that state that the costs for expert testimony are too high compared to their time and efforts involved.

Parents who have a child who suffers a serious birth injury may seek damages for the future care that their child will require, and for any previous expenses they have already paid to provide care for the child. A lawyer who is unwavering will determine if negligence was involved in a child's inglewood birth injury attorney injury, and then seek compensation to ease a family's financial burden.