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Birth Injury Litigation

Birth injuries can cause severe disabilities that could affect your child's quality of living. The medical treatments they require could be costly and long.

A competent lawyer will file your lawsuit for birth injury, study the incident, Birth Injury Litigation collect evidence, and make the case of negligence. They can assist you in settlement negotiations or in court if necessary.

Settlements

In more than 90 percent of medical malpractice cases, plaintiffs and defendants sign an agreement to settle the case prior to going to trial. This lets both parties avoid expensive and stressful court costs, and also provides the plaintiff with a guarantee of a fair settlement. If an agreement cannot be reached, a jury will determine whether the defendants are liable to pay the plaintiff compensation and how much money they should pay.

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 was in a professional relationship with you and violated that obligation during the birthing process. This can be accomplished with medical records and hospital bills. Your lawyer must prove that the breach led to your child's injuries.

Once you have this evidence, your lawyer will submit a demand form to the defendants' malpractice carriers. The document will include a letter detailing the injuries suffered by your child, together with the supporting documentation. The malpractice insurer will examine the request and either accept or deny it. If the demand is rejected the lawyer will bring a lawsuit.

If you are the victim of the outcome of a successful lawsuit for birth injuries, your attorney may recommend placing a portion of your settlement or award into a special trust for children with disabilities. This will permit your child to have access to future funds for things such as medicine and physical therapy as well as home modifications.

Trials

In certain cases, lawyers will try to negotiate a settlement to resolve the matter without having to go to court. Settlements offer an amount of money to the plaintiff and leads to an official agreement that concludes the matter.

An attorney's team will collect evidence to prove medical professionals didn't meet a certain standard of care and caused an injury. The lawyers representing the defendants will also gather their own evidence to counter the claims. The attorneys will meet to negotiate for a settlement. If a settlement cannot be reached, the case will go to court.

The trial process could take months, or years to complete. Plaintiffs could suffer from pain, stress and even risk when they recall the trauma of their child's birth injury legal. The winner could receive an enormous amount. A party that loses the appeal can appeal the decision.

A birth injury compensation injury lawyer with experience can make a big difference in your case. A legal professional can help you get the best possible outcome through each 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 in the event of an appeal, if necessary. They can help you get life-changing compensation for your family's needs. A lawyer can also help you establish a an expert witness network to support 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 during procedures. This includes the statute of limitation which establishes a deadline for filing lawsuits. This limitation is designed to ensure that claims are filed as long as evidence is available in physical form and witnesses' memories are fresh. Even if the lawsuit is based on a solid legal foundation, it is dismissed if it is filed after the statute of limitations has expired.

For victims of birth injuries the statute of limitations can be crucially important. A successful claim could award the compensation needed for future and ongoing medical costs loss of wages due to the inability to work to care for the child, as well as emotional anxiety. In certain instances, the jury or judge may also award punitive damages to punish defendants who have demonstrated extreme negligence.

The victims of birth injuries should have a New York attorney familiar with these types of claims. They can investigate and collect evidence to support a claim of negligence, negotiate a settlement, or even go to court if needed. In some cases the defendant may attempt to dismiss a lawsuit asserting that the time limit has expired. A lawyer will be able to determine quickly if this is the situation. If the situation involves a public hospital that is run by local, state or federal governments, separate and potentially much shorter statute of limitations could be in effect.

Expert Witnesses

In a medical malpractice case, experts are able to help judges and juries understand the evidence and facts in the case. They can also offer expert or professional opinions and conclusions to help them make a decision. They are permitted to do this because their expertise is more reputable and detailed than that of a layperson, or someone who has no medical education.

A lawyer can engage an expert witness who will review medical records, give an account and assist the lawyer to put together the case. The expert witness would then sign an affidavit, and testify in court regarding their findings. An expert could be an employee of a hospital or health care provider from the defendant's establishment, or an outsider.

Expert testimony should reflect the state of medical knowledge at the time of the occurrence in the case. The expert should not denigrate or accept the practice as a whole within generally accepted standards of practice. Experts should be prepared and able submit transcripts from depositions or courtroom testimony to peers to be reviewed. They should not enter into contracts where the fees for their expert testimony are disproportionately high relative to their time and effort involved.

Parents of a child who has suffered a severe birth injury attorneys trauma may seek damages to pay for the future expenses they'll be liable to care for their child and any expenses that have been caused. A reliable attorney can determine whether negligence was the cause of the child's injuries at birth and obtain compensation that will ease the financial burden on the family.