birth injury attorneys Injury Legal Help

When the child is born with an injury or illness because of medical negligence, families are confronted with massive financial burdens. A birth injury attorney can assist in obtaining compensation that can cover care expenses and improve a child's quality of life.

Families must demonstrate four things to win a lawsuit for birth injury attorneys injury:

Statute of Limitations

It is essential to speak with a lawyer whenever you suspect medical negligence. This will ensure that your claim is filed on time for the statutes of limitations and that you have enough time to create a strong case and receive the right amount of compensation.

A claimant generally has two and a half (2-1/2 years) to file a lawsuit for medical malpractice, beginning on the date that the malpractice occurred. New York law extends this deadline to 10 years in cases brought on behalf children, provided the child is not yet their 18th birthday.

In order to win a lawsuit for birth injuries, birth injury attorney you must demonstrate that the defendant did not fulfill his or her obligation to you and caused the injury to your child. The basis for establishing causation is expert testimony and documents that show best practices, which are accepted by the medical community.

Your lawyer will investigate your case and collect all relevant evidence including medical records for you and your child. Then, they will determine potential defendants and request required documents from the insurance companies. Once they have completed the process, they will send a demand for damages in the amount of money to the parties responsible. If they refuse to negotiate with you, your lawyer will bring suit in court. A lawsuit is usually resolved through a trial, where both sides present their evidence and arguments before an impartial jury and judge.

Medical Experts

Birth injuries can have devastating consequences for the child and his family. It is important to get legal help as soon as you can. This will enable the lawyer to develop a convincing case, based on evidence such as medical records and depositions of doctors. Attorneys can also engage an expert from a medical field to review the case and offer an opinion. This is a crucial step in any medical malpractice case.

Birth injuries can be difficult to prove because symptoms may not manifest until later. Parents often don't notice the signs until their child is missing milestones in their development or when their pediatrician declares that there are intellectual and physical deficits. A possible injury may be detected through signs such as admission to the NICU or a need for a CT or MRI scan following the birth.

Causation is an additional aspect in the success of a birth injury lawsuit. You must establish that the defendant's breach in duty caused your child to suffer injury. If the doctor hadn't committed the breach of duty, your child would not have sustained an injury.

The majority of medical malpractice claims, including those involving birth injuries, are settled outside of court. In a settlement agreement, the defendants must agree on a dollar value to settle the case. The amount must reflect past and future damages. Your lawyer will collaborate with medical and financial experts to determine the proper amount.

Defendants

To win a birth injury lawsuit, you must prove that your medical professional violated their duty to care. This is typically done by seeking the opinion of medical expert witnesses. The medical expert will examine the evidence in your case, including any medical records and depositions of the doctors involved. He or she will determine whether your doctor acted in accordance with the appropriate standard of care required for professionals with similar qualifications and expertise in the context.

Lawyers also employ financial experts to assess and calculate your losses taking into consideration the past, present and future costs. Your lawyer will negotiate with the hospital or the physician's malpractice insurance company and will initiate a lawsuit, if necessary, to get the most compensation possible for your child's injuries.

Contrary to most lawsuits, birth injury cases often resolve in settlements. Settlements occur when all parties agree to a set amount of money, and all legal action stops. If your case is unable to resolve or settlement, it will go to trial, where jurors and judges will decide what happens.

A birth injury could cause long-lasting harm to your child or your family. It is crucial to be in close contact with an attorney who is familiar with handling such cases.

Settlement

Your attorney must work to find a full settlement for your family. This will depend on the severity of your child's injuries and the resulting demands. For instance, a severe birth injury could result in years of care, often all-hours-of-the-day. Your lawyer will consult with medical and health experts to determine the total cost of this treatment and then file a suitable claim.

In many instances, the malpractice insurance of a medical facility or hospital will offer to settle a case without litigation. In these instances, your lawyer will submit an offer package that includes an exhaustive description of the facts surrounding your case as well as a proposed dollar amount to settle it. The insurance company will review the information and respond to your request with a counter offer. Your lawyer will negotiate with the insurance company to decide on the fairness of the settlement.

If a settlement cannot be agreed upon, your lawyer could bring a lawsuit against a medical negligence in the county of the injury. You may be able to claim your doctor along with any other doctors or hospital involved in the birth of your child and the accident, as defendants, based on the circumstances. When the lawsuit is filed, your attorney can obtain more details via the process of discovery, which includes depositions as well as the sworn testimony of witnesses. This evidence will help support your legal arguments.