Birth Injury Litigation

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

A competent lawyer can bring a sunrise Birth injury lawsuit injury lawsuit as well as investigate the incident, gather evidence, build the case for negligence, and represent you in settlement negotiations or at trial should it be necessary.

Settlements

In a majority of medical malpractice lawsuits, the defendant and plaintiff reach an agreement prior to the case goes to trial. This lets both parties avoid the burdensome and sunrise birth injury Lawsuit costly court costs, and gives the plaintiff a promise of a fair settlement. If there is no trial, a jury will decide whether the defendants owe plaintiff any compensation and the amount of they must pay.

The first step to receiving financial compensation for a birth injury in your child is proving the doctor who delivered your baby had an established professional relationship with you and that he violated this obligation during the birthing procedure. This can be accomplished with medical documents and hospital bills. Your lawyer will also need to find evidence that shows the breach resulted in the injuries to your child.

Once you have this evidence the lawyer will then submit an offer to the defendants' malpractice insurance carriers. This document contains a thorough letter detailing the injuries suffered by your child and the supporting documents. The malpractice insurance company will look over the request and decide whether to take it or leave it. If the demand is rejected by your lawyer, they will file a lawsuit.

Your lawyer could suggest that, in the event that a lawsuit is successful for birth injury, a portion of the settlement or award be placed in a special needs fund. This will enable you to give future funds to your child for things like physical therapy, medicine and home modifications.

Trials

In some cases lawyers may try to reach a settlement to resolve the matter without a court appearance. Settlements offer the plaintiff with financial compensation and ends in an official agreement that ends the matter.

A team of lawyers will collect evidence to prove that medical professionals did not adhere to the standards of care and caused injury. Lawyers for defendants will also gather evidence of their own to counter assertions. The attorneys will then meet one other to negotiate an amount for settlement. If a settlement isn't reached, the case will go to court.

The trial process could take months, or years to complete. Plaintiffs can suffer from pain, stress and even risk when they recall their child's birth injury trauma. The winning party could be awarded a huge verdict. However, a losing party may appeal the decision.

A birth injury lawyer with experience can make a big difference in your case. Legal professionals can guarantee the best outcome at every stage of the litigation process, from writing the demand letter to filing the lawsuit as well as settlement negotiations, discovery and trial, if needed, appeals. They can help you obtain an award that will change your life for your family's requirements. A lawyer can also offer experts to back 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 that must be adhered to when performing procedures. This includes the statute of limitations which establishes a deadline for filing lawsuits. This limit is designed to ensure that claims are filed while evidence in the physical remains and witnesses' memories are fresh. Even if the lawsuit is based on a solid legal foundation it will be dismissed if filed after the statute of limitations has expired.

For victims of birth injuries, the statute of limitations can be crucially important. A successful case can result in compensation for the victim's current and future medical expenses, lost wages due to having to work in order to take care of their child, as well as emotional stress. In some cases, the jury or judge may also award punitive damages to punish defendants who have shown the most reckless of negligence.

A New York attorney who is familiar with birth injury lawsuit injury claims is required to represent the victims. They can investigate the accident and gather evidence, create a case for negligence, and reach a settlement or go to trial if needed. In some cases an accused party may try to dismiss a lawsuit saying that the time limit has expired. A lawyer will be able to swiftly determine if this is the situation. If the case involves a public hospital that is run by local government agencies, whether federal or state-based, separate and potentially much shorter statute of limitations could apply.

Expert Witnesses

In a medical malpractice case, experts are able to help judges and juries understand evidence and facts in the case. They are also able to provide expert or professional opinions and inferences that can help them make a decision. They are able to make this claim because their knowledge and expertise is more precise and reliable than that of the average person or one who has no medical education.

A lawyer can engage 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 testify in court. An expert could be an internal employee of the defendant's hospital, health care system, or an individual who is not associated with the institution.

The expert's testimony should reflect the current state of medical knowledge available at the time. The expert should not condemn or condone performance within the generally accepted guidelines of practice. Experts should be willing and able to submit transcripts from depositions or courtroom testimony to peers to be reviewed. They should not sign agreements where the fees for expert testimony are too high compared to their time and effort.

Parents of children with a severe birth injury can seek compensation for future medical care their child will require and also for past costs they've already paid to care for the child. A lawyer who is committed will determine if negligence at play in the birth injury and obtain compensation to ease the family's financial burden.