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Birth Injury Litigation

Birth injuries can lead to severe disabilities that can negatively impact your child's quality of living. The medical treatment they require can be costly and take a long time.

A competent lawyer will file a lawsuit for birth injury, conduct an investigation into the incident, gather evidence, and then make a case of negligence. They can represent you in settlement negotiations or in court if needed.

Settlements

In a majority of medical malpractice cases, the plaintiff and defendant agree to a settlement before the case is heard. This lets both parties avoid the burdensome and costly court costs, and gives the plaintiff a promise of compensation. In the event that the trial is not able to be concluded, a jury will decide whether the defendants owe plaintiff any compensation and the amount of money they should pay.

The first step toward receiving the financial compensation your child deserves for his birth injury is to prove that the doctor you hired to deliver your baby was in an professional relationship with you and violated this obligation during the birthing procedure. This can be accomplished through medical records and hospital bills. Your lawyer will have to prove that the breach was responsible for your child's injuries.

Once you have this evidence the lawyer will then submit a demand form to the defendants' malpractice insurance carriers. The document contains a letter detailing the child's injuries together with the supporting documentation. The malpractice insurer will review the request, and then either take it or leave it. If the demand is rejected, your lawyer will make a claim.

If you are the victim of a successful birth injury law firm injury lawsuit the attorney you consult with may recommend placing a portion of your settlement or award into a special trust for children with special needs. This will allow your child to access future funds for things like medicines and physical therapy as well as home modifications.

Trials

In some cases, lawyers will try for a settlement in order to settle the issue without having to go to court. Settlements offer financial compensation to a plaintiff and leads to an official agreement that ends the case.

A team of lawyers will collect evidence to prove that medical professionals did not meet the highest standards of care and aggravated injuries. Lawyers for the defendants will also collect evidence to refute the claims. The attorneys will then sit down with each other to negotiate an amount for settlement. If no settlement can be reached, then the case will be taken to the court.

The trial process could take months, or years to complete. Plaintiffs may experience stress, pain and even risk when they recall the trauma of their child's birth. The winner may be awarded a substantial amount. However, a losing party can appeal the decision.

A knowledgeable birth injury lawyer can make all the difference in your case. Legal professionals can guarantee the best outcome at every stage of the litigation process, from writing the demand letter, to filing the lawsuit or discovery, negotiation of settlement and trial or, should it be necessary, appeals. They can assist you in obtaining life-changing compensation for your family's requirements. A lawyer can also help you establish a an expert witness network to back 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

The medical profession has its own set of rules that must be followed during procedures. This includes the statute of limitations that imposes a deadline for filing lawsuits. This limit is designed to ensure that claims are filed when evidence is still available and witnesses' memories are fresh. A lawsuit that is filed after the deadline for filing a lawsuit has passed will be dismissed even if it has a strong legal basis.

The statute of limitations can be important for victims of birth injuries. A successful claim can provide compensation for the victim's present and future medical expenses or lost wages as a result of missing work to take care of their child, as well as emotional distress. In certain instances, the judge or jury could also award punitive damage to punish defendants who have demonstrated excessive negligence.

A New York attorney who is well-versed in birth injury Law firms injury claims should represent victims. They can investigate and collect evidence to prove a case of negligence or negotiate a settlement or go to court if necessary. In some cases the defendant may attempt to dismiss a lawsuit by arguing that the statute of limitations has expired. A lawyer will be able determine quickly when this is the case. If the case involves public hospitals which are managed by local, state or federal authorities in addition, a separate and much shorter statute of limitations may apply.

Expert Witnesses

In a medical malpractice case, experts can help jurors and judges comprehend the evidence and the facts of the case. They can also offer professional or expert opinions to help the jury make a decision. They are permitted to offer their opinions because their knowledge is more reliable and detailed than those of a layperson or someone who has no medical education.

A legal representative may retain an expert witness to review medical records, provide a testimony, and aid the lawyer in preparing the case. The expert would then be required to sign an affidavit and be present in court about their findings. An expert could be a hospital employee or health care professional at the institution of the defendant or an outsider.

Expert testimony should reflect the current state of medical knowledge at the time of incident in the case. The expert should not criticize any practice that is not in line with generally accepted practice standards, nor should they allow for performance that is in violation of those standards. Experts should be willing and able to provide transcripts of depositions and courtroom testimony to their peers for review. They should not sign agreements in which the costs for their expert testimony are excessively high relative to their time and effort.

Parents of children who suffers a serious birth injury may seek compensation for future care that the child will require and also for past expenses that they have already paid to care for the child. An experienced attorney can determine if negligence was the cause of the child's injury at birth and can secure compensation to ease the financial burden on the family.