birth injury lawyers Injury Litigation

Birth injuries can cause serious disabilities and can affect the quality of life of your child. Medical treatments can be expensive and can take a long time.

A reputable lawyer can file your birth injury lawsuit to investigate the incident, gather evidence, present an argument for negligence and also represent you in settlement negotiations or at trial in the event of a trial.

Settlements

In a majority of medical malpractice lawsuits the plaintiff and defendant agree to a settlement prior to the case is tried. Both parties are able to avoid the costly and stressful court costs and receive compensation for the plaintiff. If a trial is not possible, a jury can decide whether the defendants are accountable to pay compensation and in what amount.

The first step to receive financial compensation for your child's birth injury is to prove that the doctor you hired to deliver your baby had an professional relationship with you, and he violated the duty of care during the birthing procedure. This can be accomplished with medical documents and hospital bills. Your lawyer will also have to gather evidence that the breach was responsible for the injuries of your child.

Once you have this evidence the lawyer will then submit 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 insurance company will look over the request, and then either decide whether or not to accept it. If the demand is rejected then your lawyer will file a lawsuit.

If you are the victim of a successful birth injury lawsuit, your attorney may recommend placing the proceeds of your settlement or award into a special trust for children who require special. This will permit your child to access funds in the future to fund things like medicine physical therapy, home modifications.

Trials

In some cases, attorneys will try to reach an agreement to resolve the issue before taking it to court. A settlement provides an amount of money to the plaintiff and results in an official agreement that concludes the matter.

A team of attorneys will gather evidence to show that medical professionals did not provide the highest standards of care and caused injuries. Lawyers representing defendants will collect their own evidence in order to refute assertions. The attorneys will meet to discuss the terms of a settlement. If a settlement cannot be reached, the case will go to trial.

The trial process could last for months or even years to complete. Plaintiffs could be afflicted with pain, stress and danger as they revisit their child's birth injury trauma. The winner may be awarded an enormous amount. But, a party that loses may appeal the decision.

An experienced birth injury lawyer can make a huge difference in your case. A lawyer can assist you to get the best possible outcome at every stage of the litigation process. From the drafting of demand letters, to filing the lawsuits and discovery, settlement negotiations, trial, or appeals If necessary A legal professional can ensure the most favorable outcome. They can help you obtain an award that will change your life for your family's requirements. A lawyer can provide you with a network of experts to help you with 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

The medical profession has its own set of rules to be adhered to when performing procedures. These include the statute of limitations which imposes a time limit for filing lawsuits. This limitation is designed to ensure that claims can be filed while evidence is still available and witnesses' memories are fresh. A lawsuit filed after the statute of limitations has expired can be dismissed even in the event that it has a solid legal basis.

For birth injury victims the statute of limitation can be crucially important. A successful claim could result in compensation for the victim's present and future medical expenses, lost wages due to working less to take care of their child, and emotional anxiety. In certain instances, the judge or jury may also award punitive damages to punish defendants who have displayed excessive negligence.

A New York attorney who is familiar with birth injury claims is required to represent the victims. They can investigate the incident, gather evidence, create an argument for negligence and seek a settlement or go to trial if necessary. In some instances, a defendant might attempt to dismiss a lawsuit by saying that the statute of limitations has run out. A lawyer should be able quickly determine if this is the case. If the case involves public hospitals, which are operated by local, state, or federal government in addition, a separate and shorter time limit could apply.

Expert Witnesses

In a medical malpractice case, experts are able to help jurors and judges to understand the evidence and facts in the case. They can also offer expert or professional opinions and inferences to assist them in making an informed decision. They are able to do this because their knowledge and expertise is more detailed and reliable than that of a layperson or someone 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 then sign an affidavit as well as testify in court about their findings. An expert could be an employee of the defendant's hospital or health care system, or an individual who is not associated with the institution.

The expert's opinion must reflect the current medical knowledge in the case at the time of the hearing. The expert should not denigrate or condone performance within the generally accepted standards of practice. Experts should be willing and able to submit transcripts of depositions and courtroom testimony to their peers to be reviewed. They should not sign agreements in which the costs for their expert testimony are excessively expensive in comparison to the time and effort involved.

Parents of children who suffers a serious birth injury may seek compensation for the future medical care their child will require and also for past expenses that they have already paid for the care of the child. A steadfast attorney can determine whether negligence was involved in the child's birth injury and obtain compensation that will reduce the financial burden for a family.