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Birth Injury Litigation

Birth injuries can result in serious disabilities that can impact the quality of life of your child. The medical treatments that they require can be expensive and lengthy.

A competent lawyer will file your birth injury lawsuit as well as investigate the incident, gather evidence, present an argument for negligence and assist you in settlement negotiations or in court if needed.

Settlements

In more than 90% of medical malpractice cases, plaintiffs and defendants come to a settlement agreement before going to trial. Both parties will avoid high and stressful court costs and receive compensation for the plaintiff. If a trial is not possible, a jury decides whether the defendants are responsible to compensate the plaintiff and how much.

The first step in obtaining the financial compensation your child deserves for his birth injury is proving that the doctor you hired to deliver your child had a an professional relationship with you and breached this obligation during the birthing process. This can be accomplished using medical documents and hospital bills. Your lawyer must prove that the breach caused the injuries to your child.

Once you have this evidence the lawyer will then submit an order package to plaintiffs' malpractice insurers. This document includes a written statement detailing your child's injuries, along with supporting documentation. The malpractice insurer will look over the request and decide whether to accept or reject it. If the demand is rejected by your lawyer, they will bring a lawsuit.

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

Trials

In certain cases, attorneys will attempt to reach an agreement to resolve the matter before going to court. Settlements provide the plaintiff with financial compensation and ends in an official agreement that concludes the case.

A lawyer's team will collect evidence to show that medical professionals did not adhere to a high standard of care and caused an injury. Lawyers for defendants also collect evidence on their own to counter claims. The attorneys will meet to discuss a settlement. If a settlement cannot be reached the case will go to trial.

The trial process can take a long time to take to. Plaintiffs could be afflicted with pain, stress and even risk when they recall their child's birth injury trauma. The winning party could win a substantial amount. A losing party may appeal the decision.

An experienced birth injury lawyer can make a huge difference in your case. A lawyer can guarantee the best result at every step of the legal process, starting with the creation of the demand letter, to filing the lawsuit as well as settlement negotiations, discovery and trial or, should it be necessary, appeals. They can help you obtain the life-changing amount of compensation your family requirements. A lawyer can connect you to a 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

Medical professionals have their own set of rules they must adhere to when performing procedures. This includes the statute of limitations, which has a time limit for filing lawsuits. This limit is designed to ensure that claims are filed in the time evidence in the physical remains and witnesses' memories are fresh. A lawsuit that is filed after the deadline for filing a lawsuit has passed can be dismissed even if it has a strong legal basis.

For birth injury lawyers injury victims, the statute of limitations can be crucially important. A successful lawsuit can offer compensation for the victim's present and future medical expenses or lost wages as a result of missing work to care for their child, and emotional distress. In some cases, the jury or judge may also award punitive damages to punish defendants who have demonstrated extreme negligence.

A New York attorney who is familiar with birth injury claims should represent victims. They can conduct an investigation and gather evidence to prove a case of negligence or negotiate a settlement or even go to court if required. In some cases the defendant might try to dismiss a case claiming that the statute of limitations has expired. A lawyer will be able to determine quickly whether this is the case. If the matter involves public hospitals which are managed by state, local, or federal authorities there is a separate and shorter time limit may apply.

Expert Witnesses

Expert witnesses can help juries and judges comprehend the evidence and facts of the medical malpractice case. They may also provide specialized or professional opinions and inferences to assist them in making the right decision. They are permitted to make this claim because their knowledge and expertise is more detailed and reputable than an average person or someone with no medical background.

Legal representatives can hire an expert witness to look over medical records, provide a testimony, and assist the lawyer in putting together the case. The expert will then sign an affidavit, and testify in court about their findings. An expert could be an internal employee of the defendant's hospital or health care system, or a person who is not employed by the institution.

An expert's testimony should reflect the current state of medical knowledge at the time of the incident. Experts should not rebuke actions that fall within generally accepted practices or support performance that is outside of those standards. Experts should be able to provide deposition transcripts as well as courtroom testimony to be reviewed by a peer. They should not sign contracts in which the fees for their expert testimony are inordinately high in relation to the time and effort.

Parents who have a child who has suffered a serious birth injury can seek compensation for future care that their child will require, in addition to any past expenses that they have already paid for the care of the child. An experienced attorney can determine whether negligence caused the child's birth injury and secure compensation that can alleviate the financial burden of a family.