Birth Injury Litigation

birth injury law firm injuries can cause severe disabilities and impact the quality of life of your child. The medical treatment they require can be expensive and lengthy.

A competent lawyer can make a birth injury lawsuit and investigate the incident to collect evidence, make a case for negligence and represent you in settlement negotiations or at trial should it be necessary.

Settlements

In 90% of medical malpractice lawsuits, the plaintiff and defendant agree to a settlement before the case is heard. Both parties can avoid costly and stressful court costs and receive compensation for the plaintiff. If a trial cannot be reached, a jury will decide if the defendants owe the plaintiff compensation and how much they must pay.

The first step toward receiving financial compensation for your child’s birth injury is to prove that the doctor you hired to deliver your baby had a an professional relationship with you, and he violated that duty during the birthing procedure. You can prove this using medical documents and hospital invoices. Your lawyer will also need to collect evidence that proves the breach caused your child’s injuries.

Once you have the evidence, Birth Injury Lawsuit your attorney will send a set of demands to the malpractice insurers of the defendants. The document will include a letter detailing the injury suffered by your child and any supporting evidence. The malpractice insurer will examine the demand, and decide whether to accept or deny it. If the demand is rejected, your lawyer will make a claim.

Your lawyer may suggest that, in the case of a successful lawsuit for birth injuries, a percentage of the settlement or award is put into a special needs fund. This will allow you to provide future funds to your child for things such as physical therapy, medicine and home modifications.

Trials

In certain cases, attorneys will try to reach an agreement to resolve the matter before going to court. Settlements provide the plaintiff with financial compensation and ends in an official agreement that concludes the matter.

A team of lawyers will gather evidence to prove that medical professionals failed to meet the standards of care and caused injuries. Lawyers for the defendants will also gather evidence to prove the allegations. The attorneys will meet to discuss the terms of a settlement. If no settlement can be reached then the case will go to trial.

The trial process could take months or years to complete. It can be stressful, dangerous and painful for plaintiffs, as they experience the trauma of their child’s birth injuries. The winning side may be awarded a huge verdict. The losing side can appeal the decision.

A birth injury lawyer with experience can make all the difference in your case. A legal professional can help you get the best outcome at every step of the legal process, starting with the creation of the demand letter to filing the lawsuit as well as settlement negotiations, birth injury lawsuit discovery and trial, in the event of an appeal, if necessary. They can help you receive compensation that will change your life as well as the lives of your family members. A lawyer can also help you establish a an expert witness network to support your claim. The legal team at Lipsitz Green will investigate the case to determine the cause 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 establishes a deadline for filing lawsuits. This limitation is intended to ensure that claims are filed while evidence in the physical remains and the memories of witnesses are fresh. A lawsuit filed after the time limit has expired is dismissed even if it has a strong legal basis.

For birth injury law firms injury victims the statute of limitations could be particularly crucial. A successful claim may provide compensation for current and future medical expenses and lost wages resulting from the absence of work to take care of the child, and emotional anxiety. In certain instances, the juror or judge could also award punitive damages to punish defendants who have shown extreme negligence.

Victims of birth injuries must have an New York attorney familiar with these types of claims. They can conduct investigations and gather evidence to make a case of negligence, negotiate a settlement, or take the case to court if required. In some cases there is a possibility for a defendant to dismiss a case claiming that the statute of limitation is over. A lawyer will be able to determine quickly when this is the case. If the case involves public hospitals which are operated by the state, local or federal governments there is a separate and shorter time limit could be in place.

Expert Witnesses

Expert witnesses can assist juries and judges understand the evidence and the facts of the medical malpractice case. They may also offer expert or specialized opinions that help the jury decide. They can make this claim because their knowledge and expertise is more precise and trustworthy than a layperson or someone who is not a medical professional.

A lawyer can engage an expert witness to look over medical records, offer a testimony, and aid the lawyer in putting together the case. The expert would sign an affidavit and then give evidence in the court. An expert could be an employee of a hospital or health care provider from the defendant’s institution, or an outsider.

The expert’s testimony should reflect the current medical knowledge at the time. Experts should not criticize or condone performance within the generally accepted guidelines of practice. Experts should be prepared and able to provide transcripts of depositions and courtroom testimony to peers for review. They should not sign contracts that state that the costs for expert testimony are excessively high compared to their time and effort.

Parents of children who suffers a serious birth injury may seek damages for the future medical care the child will require, in addition to any past costs they’ve already paid to provide care for the child. A determined attorney can determine whether negligence was involved in the child’s injuries at birth and obtain compensation that will alleviate the financial burden of families.