birth injury law firms Injury Litigation

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

A competent lawyer will file a lawsuit for birth injury, study the incident, gather evidence, and build the case of negligence. They can also represent you during settlement negotiations or in court, if required.

Settlements

In the majority of medical malpractice lawsuits, the defendant and plaintiff reach a settlement prior to the case is even tried. Both parties are able to avoid the high and stressful court costs and receive compensation for the plaintiff. If a trial isn't feasible, a jury determines whether the defendants are accountable to compensate the plaintiff and how much.

The first step in obtaining the financial compensation your child deserves for his birth injury is to prove that the doctor you hired to deliver your baby had an professional relationship with you and violated the duty of care during the birthing procedure. This can be accomplished using medical records and hospital bills. Your lawyer will need to prove that the breach was responsible for your child's injuries.

Once you have the evidence, your lawyer will send a set of demands to the malpractice insurance companies of the defendants. This document contains a thorough letter that outlines the child's injuries and the supporting documents. The malpractice insurer will examine the request and either take it up or reject it. If the demand is rejected the lawyer will start a lawsuit.

In the event of the outcome of a successful lawsuit for birth injuries the attorney you consult with may recommend placing some of the settlement or award into a special needs trust. This will permit your child to have access to future funds to fund things like medicine, physical therapy and home modifications.

Trials

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

A lawyer's team will collect evidence to prove that medical professionals did not adhere to a high standard of care and triggered an injury. The lawyers representing the defendants will also gather their own evidence to prove the allegations. The attorneys will meet to negotiate a settlement. If a settlement is not reached, then the case will be taken to court.

The trial process could take months, or years to be completed. Plaintiffs could experience stress, pain and risk as they relive their child's birth injury trauma. The winning party may receive a large award. A losing party can file an appeal of the decision.

A birth injury lawyer with years of experience can make a big difference in your case. A legal professional can ensure the best possible outcome through each step of the legal process, starting with the creation of the demand letter, to filing the lawsuit, discovery, settlement negotiations and trial or, when necessary, appeals. They can help you receive compensation that can change your life and that of your family members. A lawyer can provide you with a a network of experts to help you with 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

Medical professionals have their own set of rules they must adhere to when performing procedures. This includes the statute of limitations, which sets a deadline for filing lawsuits. This limitation is intended to ensure that claims are filed while evidence is still available and the memories of witnesses are fresh. A lawsuit filed after the deadline for filing a lawsuit has passed will be dismissed, even when it has a solid legal basis.

For victims of birth injuries the statute of limitations may be especially important. A successful lawsuit could provide the right to compensation for future and present medical expenses as well as lost wages due to missing work to take care of the child, and emotional distress. In certain cases, a jury or judge will also award punitive damages to punish defendants for extreme negligence.

Victims of birth injuries must have a New York attorney familiar with these types of claims. They can investigate and gather evidence to make a case of negligence, negotiate a settlement, or take the case to court if needed. In certain instances an accused party may try to dismiss a lawsuit arguing that the statute of limitations has expired. A lawyer will be able determine quickly when this is the case. If the case involves public hospitals, which are managed by local, state or federal government there is a separate and much shorter statute of limitations could apply.

Expert Witnesses

Expert witnesses can help juries and healthndream.com judges understand the evidence and the facts of a medical malpractice case. They can also provide professional or specific opinions to help jurors to make a decision. They are permitted to offer their opinions because their expertise is more reliable and detailed than those of a layperson or someone who has no medical education.

A legal representative may retain an expert witness to review medical records, provide testimony, and assist the lawyer in preparing the case. The expert will then sign an affidavit and testify in court about their findings. An expert could be an internal employee of the defendant's hospital, health care system, or ohanataxi.com an individual outside that institution.

The expert's testimony should reflect the current medical knowledge in the case at the time of the hearing. The expert should not criticize any practice that is not in line with generally accepted practices or accept any performance that is not in the scope of those standards. Experts should be able to provide deposition transcripts and courtroom testimony for peer review. They should not enter into agreements in which the costs for their expert testimony are disproportionately high relative to their time and effort involved.

Parents of a child that has suffered a severe birth trauma can seek damages to pay for the future expenses they'll have to pay for their child's medical care and any previous expenses that were paid for. A reliable attorney can determine if negligence caused the child's injury at birth and secure compensation that can reduce the financial burden for a family.