Birth Injury Litigation

Birth injuries can cause serious disabilities that can affect your child's quality of living. Medical treatments can be costly and long.

A good lawyer can file your birth injury lawsuit, investigate the incident and gather evidence, build an argument for negligence and represent you in settlement negotiations or in court should it be necessary.

Settlements

In a majority of medical malpractice lawsuits the plaintiff and defendant reach a settlement before the case goes to trial. This helps both parties avoid expensive and stressful court costs, and also gives the plaintiff a promise of a fair settlement. In the event that there is no trial, a jury will determine whether the defendants owe the plaintiff compensation and how much the amount they are required to pay.

The first step toward receiving financial compensation for your child's birth injury lawyers injury is proving that the doctor you hired to deliver your baby was in a professional relationship with you and breached this obligation during the birthing process. This can be accomplished through medical documents and hospital bills. Your lawyer will also have to find evidence that shows the breach was responsible for your child's injuries.

Once you have this evidence and your lawyer has it, they will send a demand package to the defendants' malpractice insurance carriers. The demand package will contain a comprehensive letter that describes the injuries your child sustained and the supporting documents. The malpractice insurer will go through the request and either take it up or reject it. If the demand is rejected by your lawyer, they will bring a lawsuit.

If you are the victim of a successful birth injury lawsuit, your attorney may recommend placing some of the settlement or award in a special needs trust. This will allow your child to access future funds for things like medicine physical therapy, home modifications.

Trials

In some cases, lawyers attempt to come to an agreement on how to settle the issue prior to going to court. A settlement is an agreement formalized that resolves the matter and also provides compensation to the plaintiff.

A team of attorneys will gather evidence to demonstrate that medical professionals did not adhere to the standards of care and caused injuries. Lawyers for defendants also gather evidence of their own to counter allegations. The attorneys will then meet with each other to discuss an amount for settlement. If no settlement can be reached the case will go to trial.

The trial process can take months or even years to complete. It can be stressful, risky and painful for plaintiffs who have to relive the trauma of their child's birth trauma. The winner may be awarded a large award. A losing party may appeal the decision.

A birth injury lawyer who has experience can make a huge difference in your case. A lawyer can guarantee the best result at every stage of the litigation process, from drafting the demand letter to filing the lawsuit or discovery, negotiation of settlement and trial, or if needed, appeals. They can help you obtain compensation that will transform your life as well as the lives of your family members. A lawyer can connect you to a an expert network to back 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

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

The time limit for filing a claim can be crucial for birth injury law firms (tourdeskhawaii.com) injuries. A successful case can result in compensation for the victim's present and future medical expenses or lost wages as a result of missing work to care for their child, as well as emotional stress. In some cases a judge or jury will also award punitive damages to punish defendants for committing a serious negligence.

A New York attorney who is adept at defending birth injuries should represent the victims. They are able to investigate the incident and gather evidence, make a case for negligence and reach a settlement or go to trial if needed. In some cases an accused party may try to dismiss a case by claiming that the statute of limitations has expired. A lawyer can quickly determine whether this is the case. If the matter involves public hospitals that are run by state, local, or federal authorities in addition, a separate and much shorter statute of limitations could be in place.

Expert Witnesses

In an instance of medical malpractice, expert witnesses can assist judges and juries understand the evidence and facts in the case. They can also offer expert or specialized opinions to assist jurors make a decision. They are allowed to do so because their expertise is more reliable and precise than the knowledge of a layperson or someone who is not trained in medical sciences.

A lawyer may hire an expert witness to review medical records, give a testimony, and aid the lawyer in putting together the case. The expert would then be required to sign an affidavit as well as 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.

Expert testimony should reflect the state of medical knowledge at the time of the occurrence in the case. The expert should not condemn or excuse any action that is not in line with generally accepted guidelines of practice. Experts should be able to provide transcripts of depositions and courtroom testimony to be reviewed by a peer. They should not enter into agreements in which the costs for their expert testimony are excessively high in relation to the time and effort.

Parents of children suffering from a severe birth injury may be able to seek damages for the future medical care the child will require in addition to any past costs they've already paid to care for the child. A steadfast attorney can determine whether negligence was the cause of the child's injury during birth and secure compensation that can alleviate the financial burden of families.