Birth Injury Litigation

Birth injuries can cause serious disabilities and can affect the quality of life for your child. Medical treatments can be costly and can take a long time.

A good lawyer will file your lawsuit for birth injury, investigate the incident, collect evidence, and then make the case of negligence. They may also represent you at settlement negotiations or in court if needed.

Settlements

In more than 90% of medical malpractice cases, the plaintiffs and defendants reach an agreement to settle the case prior to the case going to trial. Both parties can avoid high and stressful court costs and receive compensation for the plaintiff. If a trial isn't feasible, a jury will decide whether the defendants are liable to pay compensation and in what amount.

The first step in obtaining the financial compensation your child deserves for his birth injury attorneys injury is proving that the doctor you hired to deliver your baby was in an established professional relationship with you and breached the duty of care during the birthing procedure. This can be done with medical documents and hospital bills. Your lawyer will also have to gather evidence that the breach led to the injuries of your child.

If you have the evidence, your lawyer will submit a demand package to the plaintiffs' malpractice insurers. This document contains a thorough letter describing your child's injuries along with supporting documents. The malpractice insurer will go through the request and Birth Injury Litigation either accept it or reject it. If the demand is denied the lawyer will file a lawsuit.

In the event of a successful birth injury lawsuit Your attorney might suggest placing part of your settlement or award into a special trust for children with special needs. This will permit your child to access future funds for things like medicine, physical therapy and home modifications.

Trials

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

A lawyer's team will collect evidence to show that medical professionals didn't meet a certain standard of care and triggered an injury. Lawyers representing the defendants will gather evidence of their own in order to refute assertions. The attorneys will meet to negotiate a settlement. If a settlement can't be reached then the case will go to trial.

The trial process can take months or years to be completed. Plaintiffs could suffer from pain, stress and even risk when they recall the trauma of their child's birth injury claim. The winner could be awarded a large verdict. The losing side can appeal the decision.

A birth injury lawyer with experience can make a significant difference in your case. A lawyer can guarantee the best result at every step of the litigation process, from the drafting of the demand letter, to filing the lawsuit and discovery, settlement negotiations and trial, and in the event of an appeal, if necessary. They can assist you in obtaining life-changing compensation for your family's needs. A lawyer can help you establish a an expert network to help you with your claim. The legal team at Lipsitz Green will investigate the case to determine what transpired 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 limitations, which sets a deadline for filing lawsuits. This limit is meant to ensure that claims can be filed as long as evidence is still available and witnesses' memories are fresh. Even if the lawsuit has an established legal foundation it will be dismissed if it's filed after the statute of limitations has expired.

The statute of limitations can be crucial for birth injury litigation injuries. A successful claim may provide compensation for current and future medical expenses and lost wages resulting from the absence of work to care for the child, as well as emotional stress. In some cases, a jury or judge will also award punitive damages intended to penalize defendants who have committed a grave inattention to detail.

A New York attorney who is adept at defending birth injury compensation injuries should represent the victims. They are able to investigate the incident and collect evidence, build a case for negligence and settle the case or go to trial if necessary. In certain cases there is a possibility for a defendant to dismiss a lawsuit claiming that the statute of limitations is over. A lawyer can quickly determine when this is the case. If the case involves a public health facility, which are operated by local government, state or federal authorities, separate and potentially much shorter statute of limitations could apply.

Expert Witnesses

In a medical malpractice case, expert witnesses help jurors and judges to understand the evidence and the facts of the case. They may also offer specialized or professional opinions that help the jury decide. They are able to do this because their experience and expertise is more thorough and reputable than the average person or one who has no medical education.

A lawyer can engage an expert witness to look over medical records, offer a testimony, and assist the lawyer in putting together the case. The expert will then sign an affidavit and be present in court regarding their findings. An expert could be a hospital employee or health care professional from the defendant's establishment, or an outsider.

The expert's report must reflect the current state of medical knowledge at the time of the hearing. The expert should not condemn or condone performance within the generally accepted standards of practice. Experts should be prepared and able to send transcripts of depositions or courtroom testimony to their peers for review. They should not sign contracts where the fees for their expert testimony are disproportionately high in relation to their time and effort involved.

Parents of children suffering from a severe birth injury can seek compensation for the future care that their child will require and also for past costs they've already paid to provide care for the child. A lawyer who is unwavering can determine if negligence at play in the birth injury and secure compensation to ease a family's financial burden.