Birth Injury Litigation

Birth injuries can result in serious disabilities that can impact your child's quality of living. Medical treatments can be expensive and can take a long time.

A competent lawyer will file your lawsuit for birth injury, conduct an investigation into the incident, collect evidence, and present an argument for negligence. They may also represent you at settlement negotiations or in court if needed.

Settlements

In the majority of medical malpractice lawsuits the plaintiff and defendant reach a settlement prior to the case goes to trial. This helps both parties avoid the burdensome and costly court costs, and also gives the plaintiff a promise of compensation. If there is no trial, a jury will determine whether the defendants owe plaintiff compensation and how much they must pay.

The first step toward receiving the financial compensation you deserve for your child's birth injury law firms injury is proving that the doctor you hired to deliver your baby had a professional relationship with you and violated this obligation during the birthing procedure. This can be done by using medical documents and hospital invoices. Your lawyer must prove that the breach led to the injuries to your child.

If you have the evidence, your lawyer will submit a demand form to the defendants' malpractice insurance carriers. The document will include a letter detailing the injury suffered by your child along with supporting documentation. The malpractice carrier will then go through the request and either accept or reject it. If the demand is rejected then your lawyer will bring a lawsuit.

If you are the victim of the outcome of a successful lawsuit for birth injuries your lawyer may suggest placing a portion of your settlement or award into a special trust for children who require special. 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 lawyers will try to negotiate a settlement to settle the issue without going to court. A settlement is an agreement that is formal and resolves the matter and also provides compensation to the plaintiff.

An attorney's team will collect evidence to prove medical professionals didn't meet a high standard of care and caused injury. Lawyers for defendants also gather evidence of their own to prove the allegations. The attorneys will then meet one the other to negotiate the amount of settlement. If a settlement isn't reached the case will go to trial.

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

A birth injury lawyer who has experience can make all the 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 or appeals when necessary A legal professional can ensure the most favorable outcome. They can help you get compensation that can change your life and the lives of your family members. A lawyer can help you establish a an expert network to support your claim. The legal team of Lipsitz Green will investigate the case to determine what transpired and fight for a reasonable amount of compensation.

Statute of Limitations

The medical profession has its own set of rules that must be followed in all procedures. This includes the statute of limitation which specifies a deadline for filing lawsuits. This limitation is intended to ensure that claims are filed while evidence is available in physical form and the memories of witnesses are fresh. A lawsuit that is filed after the statute of limitations has expired is dismissed even the case has a solid legal basis.

For victims of birth injuries, the statute of limitations may be especially important. A successful case can result in compensation for the victim's current and future medical expenses as well as lost wages due to having to work in order to care for their child, as well as emotional stress. In some cases the judge or jury will also award punitive damages intended to punish defendants for committing a serious inattention to detail.

The victims of birth injuries should have a New York attorney familiar with these types of claims. They can investigate and gather evidence to support a claim of negligence, negotiate a settlement, or go to court if necessary. In some cases there is a possibility for a defendant to dismiss a lawsuit by claiming that the statute of limitation has run out. A lawyer will be able determine quickly when this is the case. If the case involves a public health facility that is operated by local, state or federal governments the possibility of a separate and shorter statute of limitations may be in effect.

Expert Witnesses

In an instance of medical malpractice, expert witnesses help jurors and judges understand evidence and facts in the case. They can also provide specialized or professional opinions to help jurors to make a decision. They are allowed to offer this advice because their knowledge and expertise is more thorough and trustworthy than a layperson or someone who has no medical training.

A legal representative can retain an expert witness to examine medical records, provide testimony and assist the lawyer in putting together 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, health care system, or a person who is not associated with the institution.

The testimony of an expert should reflect the current state of medical knowledge at the time of the event in the case. The expert should not denounce or accept the practice as a whole within generally accepted guidelines of practice. Experts should be able to provide deposition transcripts and courtroom testimony for peer review. They should not sign contracts in which the fees for their expert testimony are unreasonably high in relation to their time and effort.

Parents of a child who suffered a severe birth injury lawsuit trauma can seek damages to cover the future costs they will incur for the care of their child, as well as any past expenses that have been caused. A lawyer who is committed will determine if negligence was responsible for a child's birth injury and secure compensation to ease the family's financial burden.