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Birth Injury Litigation

birth injury lawyer injuries can lead to serious disabilities that can impact the quality of life of your child. Medical treatments can be expensive and long.

A good lawyer can start a lawsuit for birth injuries, investigate the incident and gather evidence, build an argument for negligence and also represent you in settlement negotiations or in court should it be necessary.

Settlements

In over 90 percent of medical malpractice cases, the plaintiffs and defendants agree to an agreement on settlement before the case goes to trial. Both parties can avoid costly and stressful court costs and receive compensation for the plaintiff. If a trial isn't feasible, a jury will decide whether the defendants are responsible to pay compensation and in what amount.

The first step to receiving financial compensation for a birth injury in your child is proving the doctor who delivered your baby had an established professional relationship with you, and that he did not fulfill this obligation during the birthing procedure. This can be accomplished with medical records and hospital bills. Your lawyer will also need to collect evidence that proves the breach resulted in your child's injuries.

Once you have this evidence, your lawyer will submit a demand package to the defendants' malpractice carriers. This document includes a detailed letter describing your child's injuries and the supporting documents. The malpractice carrier will then examine the request and either accept it or reject it. If the demand is rejected, your lawyer will make a claim.

If you are the victim of an outcome in a birth injury lawsuit your lawyer may suggest placing the proceeds of your settlement or award into a special trust for children with special needs. This will allow you to grant future funds to your child for things like physical therapy, medicine and home modifications.

Trials

In some cases, lawyers will try to negotiate a settlement to settle the issue without having to go to court. A settlement offers financial compensation to a plaintiff and leads to an official agreement that ends the matter.

A lawyer's team will collect evidence to show that medical experts didn't adhere to a strict standard of care and triggered an injury. Lawyers for the defendants will also collect evidence to prove the allegations. The attorneys will meet to discuss a settlement. If no settlement can be reached, then the case will be taken to court.

The trial process can take months or years to complete. Plaintiffs can experience stress, pain and even risk when they recall their child's birth injury trauma. The winner could receive a large settlement. The losing side can appeal the decision.

An experienced birth injury law firm injury lawyer can make all the difference in your case. A lawyer can guarantee the best outcome through every stage of the litigation process, from writing the demand letter to filing the lawsuit, discovery, settlement negotiations and trial or, in the event of an appeal, if necessary. They can help you get compensation that can change your life as well as the lives of your family. A lawyer can also provide experts to back 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 follow when conducting procedures. These include the statute of limitations, which has a time limit for filing lawsuits. This limit is set to ensure that claims are filed while evidence in the physical remains and the memories of witnesses are fresh. Even if the suit has a solid legal foundation, it can be dismissed if it is filed after the statute has expired.

For victims of birth injuries the statute of limitation can be crucially important. A successful claim could award the right to compensation for future and present medical expenses and lost wages resulting from the absence of work in order to take care of the child, and emotional stress. In certain instances, the judge or jury may also award punitive damages to punish defendants who have displayed the most reckless of negligence.

A New York attorney who is experienced in birth injury claims should represent victims. They can conduct an investigation and gather evidence to establish a case of negligence or negotiate a settlement or go to court when needed. In certain situations the defendant may attempt to dismiss a case by claiming that the statute of limitations has expired. A lawyer is able to determine whether this is the case. If the situation involves a public hospital that is run by local or federal government, separate and potentially much shorter time-limits could apply.

Expert Witnesses

In an instance of medical malpractice, expert witnesses can assist jurors and judges to understand the evidence and the facts of the case. They may also provide expert opinions or inferences to help them make the right decision. They can do this because their knowledge and expertise is more precise and reliable than that of an average person or someone with no medical background.

A lawyer may hire an expert witness to review medical records, provide testimony, and aid the lawyer in preparing the case. The expert will sign an affidavit and then testify in court. An expert could be an employee of a hospital 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 incident. The expert should not condemn or condone performance within the generally accepted guidelines of practice. Experts should be able to provide transcripts of depositions and courtroom testimony for peer review. They should not be a part of contracts that state that the costs for expert testimony are excessively expensive in comparison to the time and effort.

Parents of a child that has suffered a severe birth trauma may seek damages to cover the costs they'll have to pay for their child's care and any previous expenses that may were caused. A reliable lawyer can determine if negligence was the cause of the child's injury at birth and seek compensation to alleviate the financial burden of a family.