birth injury lawyers Injury Litigation

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

A good lawyer will file your lawsuit for birth injury lawsuit injury, conduct an investigation into the incident, collect evidence, and build a case of negligence. They may also represent you during settlement negotiations or in court, if required.

Settlements

In the majority of medical malpractice lawsuits the plaintiff and defendant negotiate a settlement before the case is heard. This lets both parties avoid the burdensome and costly court fees, and it gives the plaintiff a promise of compensation. In the event that a trial cannot be reached the jury will decide whether the defendants owe the plaintiff compensation and how much the amount they are required to pay.

The first step to receive financial compensation for a birth injury for your child is to establish that the doctor who delivered your child had a professional relationship with you, and that he did not fulfill this obligation during the birthing procedure. You can do this by using medical documents and hospital invoices. Your lawyer will also need to establish that the breach led to the injuries to your child.

Once you have this evidence and your lawyer has it, they will send an offer to the defendants' malpractice carriers. This document includes a detailed letter that describes the injuries your child sustained along with supporting documents. The malpractice insurance company will review the demand and either accept it or reject it. If the demand is rejected your lawyer will file a lawsuit.

If you are the victim of the outcome of a successful lawsuit for birth injuries Your attorney might suggest placing the proceeds of your settlement or award into a special trust for children with special needs. This will permit you to grant future funds to your child to cover things such as physical therapy, medication, and home modifications.

Trials

In some cases, attorneys may try to reach an agreement to settle the matter before going to court. A settlement offers an amount of money to the plaintiff and is a formal agreement that settles the matter.

A team of lawyers will collect evidence to prove that medical professionals did not provide the requirements for a high standard of care and caused injuries. Lawyers representing the defendants will gather their own evidence to counter allegations. The attorneys will meet to negotiate the terms of a settlement. If a settlement cannot be reached, the case will go to court.

The trial process can take months or years to be completed. Plaintiffs can be afflicted with pain, stress and even risk when they recall their child's birth injury trauma. The winner could receive an enormous amount. The losing side can file an appeal of the decision.

An experienced birth injury lawyer can make all the difference in your case. A legal professional can ensure the best outcome at every step of the litigation process, from writing the demand letter, to filing the lawsuit and discovery, settlement negotiations and trial, or should it be necessary, appeals. They can help you get life-changing compensation for your family's needs. A lawyer can provide you with an expert network to help support your claim. The legal team of Lipsitz Green will investigate the case to determine what happened and fight for reasonable amount of compensation.

Statute of limitations

The medical profession has its own set of rules to be followed during procedures. This includes the statute of limitation which specifies a deadline for filing lawsuits. This limit is meant to ensure that claims can be filed while evidence is still available and witnesses' memories are still fresh. A lawsuit that is filed after the statute of limitations has expired will be dismissed even when it has a solid legal basis.

The statute of limitations is important for birth injuries. A successful case could result in compensation for current and future medical expenses and lost wages resulting from the absence of work in order to take care of the child, and emotional distress. In certain cases, a jury or judge may also award punitive damages intended to punish defendants for their extreme inattention to detail.

A New York attorney who is well-versed in birth injury claims should represent the victims. They can investigate the incident, gather evidence, make an argument for negligence, and seek a settlement or go to trial if needed. In certain cases the defendant could try to dismiss a lawsuit claiming that the statute of limitations has passed. A lawyer will be able to determine quickly if this is the situation. If the case involves a public hospital, which are operated by local government agencies, whether federal or state-based the possibility of a separate and shorter time limits for statute of limitations could be in effect.

Expert Witnesses

In the case of medical malpractice, expert witnesses help jurors and judges comprehend the evidence and the facts of the case. They can also provide expert or professional opinions and inferences to help them make a decision. They are able to offer their opinions because their expertise is more reliable and detailed than the knowledge of a layperson or someone who is not trained in medical sciences.

Legal representatives can hire an expert witness to review medical records, give a testimony and help the lawyer with the case. The expert would then sign an affidavit and be present in court regarding their findings. An expert could be an internal employee of the defendant's hospital or health care system, or someone who is not employed by the institution.

The expert's opinion must reflect the current state of medical knowledge at the time. The expert should not denigrate or condone the performance of a physician within generally accepted guidelines of practice. Experts should be prepared to submit transcripts of depositions and courtroom testimony for peer review. They should not sign contracts where the fees for expert testimony are excessively expensive compared to the time and efforts involved.

Parents who have a child who has suffered a serious birth injury may be able to seek compensation for the future care that their child will require, in addition to any past costs they've already paid to care for the child. A lawyer who is steadfast can determine if negligence the cause of a child's birth injury, and then seek compensation to ease a family's financial burden.