공지사항

Birth Injury Litigation

Birth injuries can lead to serious disabilities and can affect the quality of life of your child. Medical treatments can be expensive and can take a long time.

A good lawyer can file your birth injury lawsuit to investigate the incident, gather evidence, create the case for negligence, and represent you in settlement negotiations or at trial should it be necessary.

Settlements

In 90% of medical malpractice lawsuits, the defendant and plaintiff reach a settlement prior to the case is even tried. This lets both parties avoid expensive and stressful court costs, and also gives the plaintiff a guarantee of a fair settlement. In the event that the trial is not able to be concluded the jury will decide if the defendants owe the plaintiff any compensation and the amount of money they should pay.

The first step towards receiving the financial compensation you deserve for your child's birth injury is to prove that the doctor you hired to deliver your baby had an official relationship with you and violated that duty during the birthing process. You can prove this using medical documents and hospital invoices. Your lawyer will have to prove that the breach led to the injury to your child.

If you have evidence, your attorney will present a complete set of demands to the malpractice insurers of the defendants. The document contains a letter detailing the injury suffered by your child together with the supporting documentation. The malpractice insurance company will look over 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 the outcome of a successful lawsuit for birth injuries Your attorney might suggest placing some of the settlement or award into a special needs trust. This will allow you to grant future funds to your child to cover things like physical therapy, medication, and home modifications.

Trials

In some cases lawyers will attempt to negotiate a settlement to settle the issue without a court appearance. A settlement is an agreement formalized that resolves a case and provides compensation to the plaintiff.

An attorney's team will gather evidence to prove medical professionals did not adhere to a high standard of care and caused an injury. Lawyers for the defendants will also collect evidence to refute the claims. The attorneys will then meet with each and negotiate a settlement amount. If no settlement can be reached, then the case will be taken to court.

The trial process can take months or even years to be completed. It can be stressful, risky, and painful for plaintiffs, as they experience the trauma of their child's birth trauma. The winning party could be awarded a huge verdict. The losing party can appeal the decision.

A birth injury lawyer who has experience can make all the difference in your case. Legal professionals can guarantee the best outcome at every step of the legal process, starting with the creation of the demand letter to filing the lawsuit or discovery, negotiation of settlement and trial, and should it be necessary, appeals. They can help you get compensation that can change your life and that of your family members. A lawyer can help you establish a a network of experts to support your claim. The legal team at Lipsitz Green will investigate your case to determine the cause of the injury occurred and fight for fair compensation.

Statute of Limitations

Medical professionals have their own set of rules to adhere to when conducting procedures. This includes the statute of limitation that sets a time limit for filing lawsuits. This limit is meant to ensure that claims can be filed as long as evidence is still available and witnesses' memories remain fresh. A lawsuit that is filed after the statute of limitations has expired is dismissed even in the event that it has a solid legal basis.

The statute of limitations is crucial for birth injuries. A successful claim can provide compensation for Birth Injury Litigation the victim's present and future medical expenses or lost wages as a result of working less to care for their child, as well as emotional distress. In certain instances, the jury or judge may also award punitive damages to punish defendants who have shown excessive negligence.

Victims of birth injuries should have a New York attorney familiar with these kinds of claims. They can investigate the incident and gather evidence, make a case for negligence, and settle the case or go to trial if necessary. In certain cases the defendant could try to dismiss a lawsuit by claiming that the statute of limitation has run out. A lawyer will be able to determine quickly when this is the case. If the matter involves public hospitals which are managed by state, local, or federal government, a separate and possibly shorter statute of limitations could be in place.

Expert Witnesses

In an instance of medical malpractice, experts are able to help jurors and judges understand the evidence and the facts in the case. They can also provide expert or specialized opinions to assist jurors make a decision. They are allowed to make this claim because their knowledge and expertise is more thorough and reputable than an average person or someone who has no medical training.

A lawyer can engage an expert witness who will examine medical records, provide an opinion and help 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 a hospital employee, health care provider from the defendant's establishment, or an outsider.

An expert's testimony should reflect the current state of medical knowledge at the time of the incident in the case. The expert should not criticize performance that falls within generally accepted practice standards, nor should they support performance that is outside of the standards. Experts should be willing and able submit transcripts of depositions and courtroom testimony to their peers for review. They should not sign agreements that state that the costs for expert testimony are excessively expensive compared to the time and effort.

Parents who have a child who has suffered a serious birth injury legal injury may claim damages for the future medical care their child will require as well as past expenses they have already paid for the care of the child. A lawyer who is steadfast will determine if negligence was the cause of a child's birth injury settlement injury and secure compensation to ease the family's financial burden.