Massapequa Park Birth Injury Law Firm Injury Settlement

A settlement from a birth injury may pay for long-term treatment that will allow your child to lead a more relaxed lifestyle. The treatments include medications or home modifications as well as devices like wheelchairs.

Many families settle their cases because medical malpractice lawsuits are not common. But the amount of a settlement may depend on a variety of factors.

Damages

A birth injury can affect the entire child's existence, including their standard of living. For instance, some children require medication to treat their ailments and others require modifications to their homes or medical equipment, such as wheelchairs. Parents may also be required to give up their jobs in order to take care of their children, resulting in the loss of income. A lawyer will estimate the cost of treatment for a lifetime and then seek compensation to pay for the costs.

The value of a settlement also depends on the severity and duration of the injury. A person suffering from cerebral palsy is likely to incur more medical expenses throughout their lifetime than someone with Erb's Palsy or Shoulder Dystocia. Some states restrict the amount of non-economic damages for suffering, pain and other emotional distress. This can reduce the value of a settlement.

Both sides will gather evidence from witnesses and prepare evidence once a lawsuit has been filed. In the end the two sides will meet to discuss possible solutions through settlement talks. If negotiations are unsuccessful the case will go to trial where the jury and judge will hear arguments and then issue an opinion. However, trials are generally more costly and time-consuming settlements. Therefore, it's best to settle as fast as you can.

Expert Witnesses

Expert witnesses can be a valuable resource in proving an action for damages. They can also be vital in proving that the cause of a medical malpractice claim, which is an essential aspect. It may be difficult for jurors to determine if your child's injuries are the result of the defendant's deviation from accepted professional practices without expert testimony.

Your lawyer must establish the connection between negligence and the harms suffered by your child in order to establish causation. This can be done using a variety of means, including medical records and expert testimony. Your lawyer can help you find the most qualified experts to help in your case.

Your legal team will identify the defendants involved in the case of your child's birth injuries. They could include obstetricians as well as maternal-fetal medicine experts, nurses during delivery and other healthcare professionals. They will then have to determine the standard of care, which is typically determined by medical knowledge. This will require a thorough review and analysis of your child's records that may be complicated.

Your attorney will need to calculate the future care needs of your child. It can be difficult to estimate the cost of therapies and equipment caregivers at home, additional procedures and surgeries, and many more. Your lawyer will collaborate with experts to accurately calculate the future costs.

Statute of Limitations

A birth injury case requires careful investigation and the involvement of medical experts. It is important to choose an attorney with thorough understanding of the matter and who understands how to construct a strong case.

The first step in a lawsuit is to establish that the defendant has violated their duty of care. This requires review of medical records and depositions of the physicians involved. Attorneys will also consult medical experts to give an opinion as to whether the doctors acted appropriately in the circumstances.

Medical negligence is the failure to adhere to a standard of care and knowledge. This applies to doctors and other health professionals however it is more strict for specialists such as obstetricians who have extensive training and specialized expertise. A legal claim must establish causation, which means that a medical mistake directly caused the child's injury.

New York law gives parents two years to file a malpractice lawsuit on behalf of a child who has suffered injury. Minors cannot sue themselves according to CPLR Sec. 1207.1. They must have the file of a parent/guardian on their behalf. Medical malpractice claims are subject to the statutory limitations on damages, which includes non-economic damages. The limit is usually determined by the court, and is usually based on the number of similar cases in the state.

Getting Started

An experienced attorney is needed to secure the right amount of compensation and acknowledgement for the injuries that a child may have suffered due to medical negligence or malpractice in the course of middletown birth injury law firm. The legal team you choose will know how to review the numerous factors that influence a birth injury settlement and how to argue for them in court so that you get the maximum amount of money.

The procedure begins with a no-cost consultation with your lawyer to establish an attorney-client relationship. After that your lawyer will begin investigating the case, including reviewing medical records and calling in expert witnesses who can determine the standard of care that is accepted for the specific procedure.

Your lawyer can be negotiating and pushing the insurance companies of the defendants to agree on a fair amount for damages. If this fails the lawyer will file a suit against the medical practitioners to present the case to a jury and judge.

When a verdict is reached, your lawyer will draft the legal documents which will be used to calculate the damages you and your child are entitled to. This includes the estimated cost of future medical treatments as well as loss of income and other economic damages. Your lawyer will also be able to outline the costs over the life of your child's care for your child's injuries, which is called life-care planning. This is usually a large part of the settlement award.