Birth Injury Litigation

Birth injuries can lead to severe disabilities and impact the quality of life for your child. Medical treatments can be costly and long.

A competent lawyer can start a lawsuit for birth injuries as well as investigate the incident, gather evidence, present the case for negligence, and represent you in settlement negotiations or at trial should it be necessary.

Settlements

In 90% of medical malpractice lawsuits the defendant and plaintiff reach an agreement prior to the case is tried. Both parties can avoid the high and stressful court costs and receive compensation for the plaintiff. In the event that an agreement cannot be reached the jury will decide if the defendants owe the plaintiff any compensation and the amount of money they should pay.

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

Once you have this evidence Your lawyer will then send an order package to defendants' malpractice insurance carriers. The document will include a letter detailing the child's injuries together with the supporting documentation. The malpractice insurer will review the request and decide whether to decide whether or not to accept it. If the demand is rejected by your lawyer, they will start a lawsuit.

Your attorney may recommend that, in the event that a lawsuit is successful for birth injuries, a portion of the settlement or award be placed into a special needs fund. This will permit you to grant future funds to your child for things like physical therapy, medicine, and home modifications.

Trials

In certain instances, lawyers will try to reach a deal to resolve the matter without going to court. A settlement offers an amount of money to the plaintiff and leads to an official agreement that settles the matter.

An attorney's team will seek evidence to prove medical professionals didn't meet a certain standard of care, causing an injury. Lawyers for defendants also collect evidence on their own to counter claims. The attorneys will then meet with each other to discuss a settlement amount. If a settlement cannot be reached then the case will go to trial.

The trial process can take months or even years to be completed. It can be a stressful, risky and painful for plaintiffs as they go through the trauma of their child's birth injuries. The winner could be awarded a substantial verdict. The losing side can appeal the decision.

A birth injury lawyer with years of experience can make all the difference in your case. A lawyer can help you obtain the best outcome at every stage of the litigation process. From the creation of demand letters to filing the lawsuits, discovery, settlement negotiation and appeals, as well as trials should they be required an attorney will ensure the highest possible outcome. They can assist you in getting the life-changing amount of compensation your family requirements. Lawyers can also provide experts to support your claim. The legal team at Lipsitz Green will investigate your case to determine how the injury occurred and fight for fair compensation.

Statute of Limitations

Medical professionals have their own set of rules to adhere to in their procedures. This includes the statute of limitations that imposes a deadline for filing lawsuits. This limitation is designed to ensure that claims can be filed while evidence is still accessible and witnesses' memories are fresh. Even if the lawsuit has an established legal foundation, it will be dismissed if it's filed after the statute has expired.

For birth injury victims, the statute of limitations may be especially important. A successful case could result in the compensation needed for future and ongoing medical expenses, lost wages from missing work in order to care for the child, as well as emotional distress. In certain circumstances, a jury or judge may also award punitive damage to punish defendants for Vimeo the most reckless of negligence.

Victims of birth injuries should have a New York attorney familiar with these kinds of claims. They can investigate and collect evidence to support a claim of negligence or negotiate a settlement or go to court if necessary. In certain situations there is a possibility that a defendant will attempt to dismiss a lawsuit claiming that the time limit has expired. A lawyer will be able to determine quickly when this is the case. If the case involves public hospitals, which are operated either by the state, local or federal governments the possibility of a separate, and shorter statute of limitations may apply.

Expert Witnesses

In an instance of medical malpractice, experts are able to help judges and juries understand evidence and facts in the case. They also offer professional or vimeo expert opinions to help the jury to make a choice. They can make this claim because their knowledge and expertise is more precise and reliable than that of the average person or one who is not a medical professional.

Legal representatives can hire an expert witness to review medical records, provide a testimony, and assist the lawyer in putting together the case. The expert would sign an affidavit, and then give evidence in court. An expert could be an employee of a hospital or health care provider from the defendant's institution, or an outsider.

An expert's testimony should reflect the current state of medical knowledge at the time of incident. Experts should not rebuke performance that falls within generally accepted practices or condone performance that is outside of the standards. Experts should be prepared and able to submit transcripts from depositions or courtroom testimony to their peers to be reviewed. They should not enter into contracts in which the fees for their expert testimony are unreasonably high in relation to their time and effort.

Parents of a child that has suffered a serious birth injury lawsuit trauma can seek damages to cover the costs they'll incur for their child's medical care, as well as any expenses that were that they have incurred. An experienced attorney can determine if negligence caused the child's birth injury and can secure compensation to ease the financial burden on a family.