Birth Injury Litigation

Birth injuries can cause serious disabilities and can affect the quality of life for your child. Medical treatments can be expensive and lengthy.

A good lawyer can file your birth injury law firms injury lawsuit as well as investigate the incident, gather evidence, create the case for negligence, and also represent you in settlement negotiations or at trial in the event of a trial.

Settlements

In the majority of medical malpractice lawsuits, the defendant and plaintiff reach a settlement before the case goes to trial. Both parties can avoid costly and stressful court costs and receive compensation for the plaintiff. If a trial is not feasible, a jury determines whether the defendants have a duty to pay compensation and how much.

The first step towards receiving financial compensation for a birth injury in your child is proving the doctor who gave birth to your child had a professional relationship with you and that he violated this obligation during the birthing procedure. You can prove this using medical documents and hospital invoices. Your lawyer will also have to establish that the breach resulted in your child's injuries.

Once you have the evidence, your lawyer will present a complete set of demands to the malpractice insurance companies of the defendants. This document includes a written statement detailing your child's injuries, along with supporting documentation. The malpractice insurer will review the request, and either accept or reject it. If the demand is rejected, your lawyer will file a lawsuit.

If you are the victim of a successful birth injury lawsuit, your attorney may recommend placing the proceeds of your settlement or award in a special trust for children with special needs. This will permit your child to use the funds to fund things like medicine and physical therapy as well as home modifications.

Trials

In some cases lawyers will try for a settlement in order to settle the issue without having to go to court. Settlements offer the plaintiff with financial compensation and leads to an official agreement that settles the matter.

A lawyer's team will collect evidence to prove medical professionals didn't meet a certain standard of care and caused injury. The lawyers representing the defendants will also gather their own evidence to counter the claims. The attorneys will meet to discuss the terms of a settlement. If no settlement can be reached, the case will go to trial.

The trial process could take months or years to complete. It can be stressful, risky, and painful for plaintiffs as they go through the trauma of their child's birth trauma. The winner may be awarded an award of a significant amount. The losing party can appeal the decision.

An experienced birth injury attorney injury lawyer can make a huge 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, discovery, settlement negotiations and trial, or in the event of an appeal, if necessary. They can help you obtain compensation that will transform your life, and the lives of your family. A lawyer can provide you with experts to help you with your claim. The legal team at Lipsitz Green will investigate your claim 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 adhered to during procedures. This includes the statute of limitations, which sets a deadline for filing lawsuits. This limit is intended to ensure that claims can be filed when evidence is still available and witnesses' memories are fresh. A lawsuit filed after the deadline for filing a lawsuit has passed will be dismissed, even the case has a solid legal basis.

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

Birth injuries victims should 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 seek a settlement or go to trial if necessary. In certain situations, a defendant might attempt to dismiss a lawsuit by claiming that the statute of limitations has expired. A lawyer can quickly determine whether this is the case. If the situation involves public hospitals which are operated either by the state, local or federal authorities there is a separate and shorter time limit could be in place.

Expert Witnesses

Expert witnesses can help juries and judges to understand the evidence and facts of a medical malpractice case. They can also offer expert or specialized opinions to help the jury decide. They are allowed to do so because their expertise is more reliable and thorough than the knowledge of a layperson or someone without medical training.

Legal representatives can enlist an expert witness to examine medical records, provide testimony and assist the lawyer with the case. The expert witness would then sign an affidavit, and testify in court about their findings. An expert can be a hospital employee or health care professional from the defendant's establishment, or an outsider.

An expert's report should reflect the state of medical knowledge at the time of the incident in the case. Experts should not denounce the performance that is within generally accepted practice standards or support performance that is outside of those standards. Experts should be able to provide deposition transcripts and courtroom testimony to be reviewed by a peer. They should not sign agreements in which the costs for their expert testimony are excessively high in relation to their time and effort involved.

Parents of children who has suffered a serious birth injury can claim damages for the future care that their child will require and for any previous expenses that they have already paid for the care of the child. A lawyer who is unwavering will determine if negligence was involved in a child's birth injury and seek compensation to ease a family's financial burden.