Birth Injury Litigation

Birth injuries can lead to serious disabilities that can impact the quality of life of your child. The medical treatments they require could be costly and time-consuming.

A good lawyer can file your birth injury law firms injury lawsuit and investigate the incident to collect evidence, make an argument for negligence and represent you in settlement negotiations or at trial if needed.

Settlements

In a majority of medical malpractice lawsuits the defendant and plaintiff reach a settlement prior to the case is even tried. Both parties are able to avoid the expensive and stressful court fees and receive compensation for the plaintiff. If a trial isn't feasible, a jury will decide whether the defendants are responsible to pay compensation and in what amount.

The first step in obtaining financial compensation for birth injuries in your child is proving the doctor who delivered your child had a professional relationship with you and that he acted in breach of this obligation during the birthing process. This can be done by using medical documents and hospital invoices. Your lawyer will have to find evidence that the breach caused your child's injuries.

If you have evidence, your lawyer will present a complete set of demands to the malpractice insurers of the defendants. This document includes a detailed letter that describes the injuries your child sustained along with supporting documents. The malpractice insurance company will review the request, and either decide whether or not to accept it. If the demand is rejected your lawyer will file a lawsuit.

In the event of a successful birth injury lawsuit the attorney you consult with may recommend placing the proceeds of your settlement or award into a special trust for children with special needs. This will allow you to grant future funds to your child to cover things such as physical therapy, medication, and home modifications.

Trials

In some cases lawyers will try to reach a deal to settle the issue without going to court. A settlement offers an amount of money to the plaintiff and is a formal agreement that ends the case.

An attorney's team will gather evidence to show that medical professionals didn't meet a certain standard of care and triggered an injury. Lawyers representing the defendants will also gather their own evidence to prove the allegations. The attorneys will meet to discuss the terms of a settlement. If a settlement cannot be reached, then the case will go to the court.

The trial process can take months or years to complete. It can be stressful, dangerous and painful for plaintiffs who have to relive the trauma of their child's birth trauma. The winner could receive a large settlement. But, a party that loses may appeal the decision.

An experienced birth injury lawyer can make all the difference in your case. A lawyer can help you get the best possible outcome at every stage of the litigation process. From the writing of the demand letters, to filing the lawsuits and discovery, settlement negotiations or appeals If necessary A legal professional will ensure you get the best outcome. They can help you get compensation that will change your life and the lives of your family members. A lawyer can also provide experts to support your claim. The legal team of Lipsitz Green will investigate the case to determine what happened and fight for a fair settlement.

Statute of limitations

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

For victims of birth injuries, the statute of limitations could be particularly crucial. A successful lawsuit could provide the right to compensation for future and present medical costs as well as lost wages due to missing work in order to care for the child, and emotional stress. In some cases, the judge or jury could also award punitive damages to punish defendants for the most reckless of negligence.

A New York attorney who is familiar with birth injury lawsuits injury claims is required to represent the victims. They can investigate the incident, gather evidence, make a case for negligence and reach a settlement or go to trial if necessary. In some cases the defendant may attempt to dismiss a case by asserting that the time limit has expired. A lawyer should be able to quickly determine whether this is the case. If the situation involves public hospitals that are run by state, local, or federal governments in addition, a separate and much shorter statute of limitations could apply.

Expert Witnesses

In the case of medical malpractice, experts can help jurors and judges understand evidence and facts in the case. They can also offer expert opinions or inferences to assist them in making a decision. They are permitted to do this because their knowledge is more reliable and precise than that of a layperson, or someone who is not trained in medical sciences.

A legal representative may retain an expert witness to review medical records, provide testimony, and assist the lawyer in putting together the case. The expert would then be required to sign an affidavit and be present in court regarding their findings. An expert could be an employee of the defendant's hospital, health care system, or someone outside of the institution.

The expert's report must reflect the current state of medical knowledge available at the time. The expert should not condemn any practice that is not in line with generally accepted practice standards or allow for performance that is in violation of the standards. Experts should be willing and able to send transcripts of depositions and courtroom testimony to peers for review. They should not sign any contracts where the fees for expert testimony are excessively high compared to their time and effort.

Parents of children with a severe birth injury may seek damages for the future care that the child will require, and also for past costs they've already paid to provide care for the child. A steadfast attorney can determine whether negligence caused the child's birth injury and secure compensation that can alleviate the financial burden of the family.