Birth Injury Litigation

Birth injuries can lead to serious disabilities and affect the quality of life of your child. Medical treatments can be costly and long.

A good lawyer can start a lawsuit for birth injuries and investigate the incident to gather evidence, create a case for negligence and assist you in settlement negotiations or at trial if needed.

Settlements

In the majority of medical malpractice lawsuits the plaintiff and defendant reach a settlement before the case is tried. Both parties are able to avoid the costly and stressful court costs and receive compensation for the plaintiff. If a trial is not feasible, a jury will decide whether the defendants are accountable to pay compensation and how much.

The first step in obtaining financial compensation for a birth injury law firms injury in your child is proving the doctor who delivered your child had a professional relationship with you and that he acted in breach of this obligation during the birthing procedure. You can do this by using medical documents and hospital invoices. Your lawyer will need to find evidence that the breach led to the injury to your child.

If you have the evidence Your lawyer will then send a demand form to the defendants' malpractice companies. The demand package will contain a comprehensive letter detailing the injuries suffered by your child as well as supporting documents. The malpractice insurer will examine the request and decide whether to accept or reject it. If the demand is rejected the lawyer will file a lawsuit.

Your attorney may recommend that, in the event of a successful lawsuit for birth injury, a part of the settlement or award be put into a special needs fund. This will enable you to provide future funds to your child for things such as physical therapy, medication, and home modifications.

Trials

In some instances, lawyers will try for a settlement in order to resolve the matter without a court appearance. A settlement is an agreement that is formal and resolves a case and provides compensation to the plaintiff.

A lawyer's team will collect evidence to prove medical experts didn't adhere to a strict standard of care and caused an injury. Lawyers for the defendants also gather their own evidence to disprove the claims. The attorneys will then meet one the other to negotiate a settlement amount. If a settlement cannot be reached, then the case will go to the court.

The trial process could take months or years to be completed. Plaintiffs might suffer from pain, stress and danger as they revisit their child's birth injury trauma. The winning party may receive a large award. A losing party may appeal the decision.

A birth injury lawyers (a cool way to improve) injury lawyer with years of experience can make all the difference in your case. Legal professionals can guarantee the best outcome at every stage of the litigation process, from drafting the demand letter, to filing the lawsuit, discovery, settlement negotiations and trial, and in the event of an appeal, if necessary. They can help you obtain life-changing compensation for your family's needs. A lawyer can also help you establish a a network of expert witnesses 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

The medical profession has its own set of rules to be followed in all procedures. This includes the statute of limitations that sets a time limit for filing lawsuits. This limit is meant to ensure that claims can be filed while evidence is still available and witnesses' memories remain fresh. Even if the lawsuit has a solid legal foundation the case can be dismissed if it is filed after the statute of limitations has expired.

The statute of limitations can be important for victims of birth injuries. A successful claim could award compensation for future and current medical expenses as well as lost wages due to missing work to care for the child, and emotional distress. In certain circumstances, a judge or jury could also award punitive damages to punish defendants who have displayed the most reckless of negligence.

Victims of birth injuries must have an New York attorney familiar with these types of claims. They can investigate and collect evidence to make a case of negligence or negotiate a settlement or Birth Injury Lawyers even go to court if necessary. In certain cases the defendant could try to dismiss a lawsuit by claiming that the statute of limitation has run out. A lawyer is able to determine whether this is the case. If the case involves a public health facility that is operated by local, state or federal governments the possibility of a separate and shorter statute of limitations may apply.

Expert Witnesses

Expert witnesses can help juries and judges understand the evidence and the facts of the medical malpractice case. They may also provide expert or specialized opinions and conclusions to help them make the right decision. They are able to offer this advice because their knowledge and expertise is more thorough and reputable than a layperson or someone who has no medical training.

A lawyer can engage an expert witness to look over medical records, give a testimony, and assist the lawyer in putting together the case. The expert would sign an affidavit and then testify in court. An expert could be a hospital employee or 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. Experts should not criticize or accept the practice as a whole within generally accepted guidelines of practice. Experts should be prepared to provide transcripts of depositions and courtroom testimony to be reviewed by a peer. They should not sign agreements where the fees for their expert testimony are unreasonably expensive in comparison to the time and effort involved.

Parents of a child who has suffered a severe birth trauma may seek damages to pay for the future expenses they will incur for their child's medical care and any past expenses that have been caused. An experienced lawyer can determine if negligence was involved in the child's birth injury and secure compensation that can ease the financial burden on families.