Birth Injury Litigation
Birth injuries can cause serious disabilities that can affect the quality of life of your child. Medical treatments can be costly and long.
A good lawyer can file your birth injury lawsuit and investigate the incident to gather evidence, create a case for negligence and represent you in settlement negotiations or in court if needed.
Settlements
In 90% of medical malpractice cases, the plaintiff and defendant agree to a settlement before the case is tried. This helps both parties avoid costly and stressful court costs, and gives the plaintiff a guarantee of a fair settlement. In the event that the trial is not able to be concluded the jury will decide whether the defendants owe plaintiff compensation and how much the amount they are required to pay.
The first step in obtaining the financial compensation you deserve for your child's birth injury is proving that the doctor you hired to deliver your child had a an official relationship with you and breached that obligation during the birthing process. You can prove this using medical records and hospital invoices. Your lawyer will also need to gather evidence that the breach was responsible for your child's injuries.
Once you have this evidence Your lawyer will then send a demand package to the defendants' malpractice companies. The demand package will contain a comprehensive letter that outlines the child's injuries as well as supporting documents. The malpractice insurance company will review the demand, and decide whether or not to accept it. If the demand is rejected the lawyer will bring a lawsuit.
In the event of a successful birth injury lawsuit Your attorney might suggest placing a portion of your settlement or award in a special trust for children who require special. This will allow you to grant future funds to your child for things such as medicine, physical therapy, and home modifications.
Trials
In certain cases, attorneys may try to reach an agreement to settle the issue prior to going to court. A settlement is an agreement that is formal and resolves the matter and also provides compensation to the plaintiff.
An attorney's team will collect evidence to show that medical professionals didn't meet a high standard of care, causing an injury. Lawyers for the defendants also gather their own evidence to prove the allegations. The attorneys will meet to discuss an agreement. If a settlement cannot be reached, then the case will go to court.
The trial process can take months or even years to be completed. Plaintiffs may feel pain, stress and even risk when they recall their child's birth injury trauma. The winner may be awarded a large award. A losing party can file an appeal of the decision.
An experienced birth injury lawyer can make all the difference in your case. A lawyer can help you obtain the best outcome throughout the litigation process. From the creation of demand letters to filing lawsuits and discovery, settlement negotiations or appeals If necessary A legal professional can ensure the most favorable outcome. They can help you get an award that will change your life for your family's needs. A lawyer can connect you to a a network of experts to help you with your claim. The legal team of Lipsitz Green will investigate the incident to determine what went wrong and fight for reasonable amount of compensation.
Statute of Limitations
Medical professionals have their own set of rules to adhere to when conducting procedures. This includes the statute of limitations which imposes a time limit for filing lawsuits. This limit is set to ensure that claims are filed in the time evidence is still available and the memories of witnesses are fresh. Even if the suit has a solid legal basis it is dismissed if it is filed after the statute of limitations has expired.
For birth injury victims the statute of limitations can be crucially important. A successful claim can provide compensation for the victim's present and future medical expenses or lost wages as a result of missing work to take care of their child, and emotional anxiety. In certain circumstances, a judge or jury may also award punitive damage to punish defendants for excessive negligence.
A New York attorney who is familiar with birth injury claims should represent the victims. They can investigate and collect evidence to establish a case of negligence, negotiate a settlement, or take the case to court if needed. In some instances the defendant might try to dismiss a lawsuit claiming that the statute of limitations has passed. A lawyer will be able to quickly determine when this is the case. If the matter involves a hospital that is public that is operated by local, state or federal governments in a different and possibly shorter time limits for statute of limitations may apply.
Expert Witnesses
Expert witnesses can help juries and judges to understand the evidence and the facts of a medical malpractice case. They can also provide expert opinions or conclusions to help them make the right decision. They are able to do this because their experience and expertise is more thorough and reliable than that of a layperson or someone with no medical background.
Legal representatives can enlist an expert witness who will examine medical records, provide testimony and assist the lawyer with the case. The expert would then be required to sign an affidavit and testify in court about their findings. An expert could be an employee of a hospital or health care provider from the defendant's establishment, or an outsider.
The expert's testimony must reflect the current state of medical knowledge in the case at the time of the hearing. Experts should not denounce performance that falls within generally accepted practice standards, nor should they condone performance that is outside of the standards. Experts should be willing and able to submit transcripts of depositions and courtroom testimony to peers for review. They should not enter into contracts in which the fees for their expert testimony are disproportionately high in relation to their time and effort involved.
Parents of children with a severe birth injury can seek compensation for the future care that their child will require and also for past expenses they have already paid to care for the child. An experienced attorney can determine if negligence caused the child's
birth injury law firms injury and obtain compensation that will ease the financial burden on a family.