Birth Injury Litigation

Birth injuries can lead to severe disabilities and impact the quality of life for your child. The medical treatments they require could be costly and time-consuming.

A good lawyer can file your birth injury lawsuit as well as investigate the incident, gather evidence, present a case for negligence and represent you in settlement negotiations or in court should it be necessary.

Settlements

In over 90 percent of medical malpractice cases, the plaintiffs and defendants reach a settlement agreement prior to going to trial. Both parties are able to avoid the expensive and stressful court fees and receive compensation for the plaintiff. If a trial is not feasible, a jury will decide whether the defendants have a duty to pay compensation and in what amount.

The first step in obtaining the financial compensation you deserve for your child's birth injury litigation injury is proving that the doctor you hired to deliver your baby had a an professional relationship with you and violated that duty during the birthing process. This can be accomplished with medical records and hospital bills. Your lawyer must gather proof that the breach led to the injuries to your child.

Once you have this evidence and your lawyer has it, they will send an order package to defendants' malpractice companies. This document includes a detailed letter that outlines the child's injuries as well as supporting documents. The malpractice insurer will examine the request and decide whether to decide whether or not to accept it. If the demand is denied your lawyer will file a lawsuit.

Your lawyer might suggest that, in the event of a successful lawsuit for birth injuries, a portion of the settlement or award be put into a special-needs fund. This will enable you to grant future funds to your child for things such as physical therapy, medicine and home modifications.

Trials

In some cases, lawyers may try to find a solution to the issue before going to court. A settlement is an agreement that is formal and resolves the matter and also provides compensation to the plaintiff.

A team of attorneys will gather evidence to demonstrate that medical professionals failed to meet a high level of care and caused injury. Lawyers representing the defendants will collect their own evidence to prove the claims. The attorneys will then meet with one other to negotiate a settlement amount. If a settlement isn't reached the case will be sent to trial.

The trial process may take months or years to complete. Plaintiffs may be afflicted with pain, stress and danger as they revisit their child's birth injury trauma. The winner may be awarded an award of a significant amount. The losing side can file an appeal of the decision.

A birth injury lawyer with experience can make a huge difference in your case. A lawyer can help you achieve the best possible outcome at every stage of the litigation process. From the writing of the demand letters to filing the lawsuits or discovery, settlement negotiations and appeals, as well as trials If necessary a lawyer will ensure the highest possible outcome. They can help you receive compensation that will alter your life and Birth Injury Litigation the lives of your family members. A lawyer can also offer an expert witness network to prove 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 limitation, which sets a deadline for filing lawsuits. This limitation is intended to ensure that claims are filed when evidence in the physical remains and witnesses' memories are fresh. A lawsuit that is filed after the statute of limitations has expired can be dismissed even if it has a strong legal basis.

For birth injury lawyers injury victims, the statute of limitations may be especially important. A successful claim can provide compensation for the victim's present and future medical expenses as well as lost wages due to having to work in order to take care of their child, as well as emotional distress. In some cases, the jury or judge may also award punitive damage to punish defendants who have demonstrated the most reckless of negligence.

Victims of birth injuries must have a New York attorney familiar with these types of claims. They are able to investigate the incident and gather evidence, present a case for negligence, and reach a settlement or go to trial if necessary. In some instances the defendant might try to dismiss a lawsuit by claiming that the statute of limitation is over. A lawyer will be able to quickly determine whether this is the case. If the matter involves public hospitals which are operated either by local, state, or federal governments the possibility of a separate, and shorter time limit may apply.

Expert Witnesses

Expert witnesses can assist juries and judges to understand the evidence and facts of the medical malpractice case. They are also able to provide expert or professional opinions and inferences to assist them in making a decision. They are able to do this because their knowledge and expertise is more thorough and reliable than that of the average person or one who is not a medical professional.

A legal representative may retain an expert witness to review medical records, give a testimony, and assist the lawyer in putting together the case. The expert would sign an affidavit and then testify in the court. An expert could be an internal employee of the defendant's hospital or health care system, or an individual outside of the institution.

Expert testimony should reflect the current state of medical knowledge at the time of incident in the case. Experts should not rebuke any practice that is not in line with generally accepted practice standards, nor should they allow for performance that is in violation of the standards. Experts should be prepared and able to provide transcripts of depositions and courtroom testimony to peers to be reviewed. They should not sign agreements where the fees for expert testimony are excessively high compared to their time and effort.

Parents of a child who suffered a serious birth injury attorney trauma can seek damages to pay for the future expenses they'll be liable for their child's medical care, as well as any previous expenses that have been caused. A determined lawyer can determine if negligence was the cause of the child's injuries at birth and obtain compensation that will help ease the financial burden of the family.