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Birth Injury Litigation

birth injury compensation injuries can lead to serious disabilities and can affect the quality of life for your child. Medical treatments can be costly and can take a long time.

A competent lawyer can file your birth 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 cases, the plaintiff and defendant negotiate an agreement before the case is even tried. This lets both parties avoid costly and stressful court costs, and gives the plaintiff a promise of compensation. If a trial cannot be reached the jury will decide whether the defendants are liable to pay the plaintiff compensation and how much they must pay.

The first step to receiving financial compensation for Birth Injury Litigation birth injuries in your child is proving the doctor who gave birth to your baby had an established professional relationship with you, and that he breached this obligation during the birthing process. You can prove this using medical documents and hospital invoices. Your lawyer will need to prove that the breach was responsible for the injury to your child.

Once you have this evidence and Birth Injury Litigation your lawyer has it, they will send a demand package to the defendants' malpractice carriers. The demand package will contain a comprehensive letter detailing the injuries suffered by your child along with any supporting documents. The malpractice insurer will review the demand, and accept or reject it. If the demand is rejected the lawyer will start a lawsuit.

Your lawyer could suggest that, in the case of a successful lawsuit for birth injury settlement injuries, a percentage of the settlement or award be put into a special-needs fund. This will enable your child to access funds in the future for things like medicine, physical therapy and home modifications.

Trials

In certain instances lawyers will try for a settlement in order to resolve the matter without having to go to court. A settlement offers financial compensation to a plaintiff and is a formal agreement that resolves the matter.

A team of lawyers will gather evidence to demonstrate that medical professionals failed to meet the requirements for a high standard of care and caused injury. Lawyers for the defendants will also collect evidence to counter the claims. The attorneys will meet to negotiate the terms of a settlement. If a settlement can't be reached the case will be sent to trial.

The trial process may take a long time to take to. It can be stressful, risky and painful for plaintiffs as they go through the trauma of their child's birth injuries. The winning party could win an award of a significant amount. However, a losing party can appeal the decision.

A skilled birth injury lawyer can make a huge difference in your case. A lawyer can help you get the best possible result throughout the litigation process. From the writing of the demand letters to filing the lawsuits, discovery, settlement negotiation, trial, or appeals should they be required a lawyer will ensure you get the best outcome. They can help you obtain an award that will change your life for your family's needs. A lawyer can provide you with a experts to back your claim. The legal team at Lipsitz Green will investigate your claim 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 conducting procedures. This includes the statute of limitation which specifies a deadline for filing lawsuits. This limit is set to ensure that claims are filed when physical evidence remains available and witnesses' memories are fresh. A lawsuit filed after the time limit has expired will be dismissed, even in the event that it has a solid legal basis.

For birth injury victims, 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 in order to take care of the child, and emotional distress. In certain cases a judge or jury will also award punitive damages intended to punish defendants for their extreme negligence.

birth injury case injuries victims should have an New York attorney familiar with these kinds of claims. They can investigate and gather evidence to support a claim of negligence or negotiate a settlement or go to court if needed. In some instances there is a possibility that a defendant will attempt to dismiss a case by asserting that the time limit has expired. A lawyer can determine quickly whether this is the case. If the situation involves public hospitals that are run by local, state or federal authorities the possibility of a separate, and shorter statute of limitations may apply.

Expert Witnesses

In a medical malpractice case, expert witnesses can assist jurors and judges understand the evidence and the facts of the case. They can also provide professional or specific opinions to help the jury make a decision. They are permitted to do this because their experience and expertise is more detailed and reliable than a layperson or someone with no medical background.

A lawyer can engage an expert witness to look over medical records, provide testimony, and aid the lawyer in putting together the case. The expert would sign an affidavit and then testify in court. An expert could be a hospital employee or health care provider at the defendant's facility or an outsider.

Expert testimony should reflect the current state of medical knowledge at the time of the incident. Experts should not denounce performance that falls within the generally accepted standards of practice or support performance that is outside of the standards. Experts should be prepared and able to send transcripts of depositions and courtroom testimony to peers to be reviewed. They should not enter into contracts in which the fees for their expert testimony are disproportionately high in relation to their time and effort.

Parents of a child who suffered a serious birth trauma may seek damages to cover the cost they will incur for the care of their child, as well as any expenses that have been paid for. A lawyer who stands by his word can determine if negligence was responsible for a child's birth injury and secure compensation to ease the family's financial burden.