Birth Injury Litigation

birth injury lawyers injuries can result in severe disabilities that can negatively impact the quality of life of your child. Medical treatments can be costly and long.

A competent lawyer will file a lawsuit for birth injury, investigate the incident, gather evidence, and then make the case of negligence. They may represent you in settlement negotiations or in court if necessary.

Settlements

In the majority of medical malpractice cases, the defendant and plaintiff reach a settlement before the case is tried. Both parties can avoid expensive and stressful court fees and receive compensation for the plaintiff. If the trial is not able to be concluded, a jury will decide whether the defendants owe plaintiff compensation and how much they must pay.

The first step to receive financial compensation for a birth injury in your child is proving the doctor who delivered your baby had a professional relationship with you, and that he acted in breach of this obligation during the birthing procedure. You can do this by using medical records and hospital invoices. Your lawyer must gather proof that the breach was responsible for your child's injuries.

If you have the evidence Your lawyer will then send an offer to the defendants' malpractice carriers. The document will include a detailed letter detailing the injuries suffered by your child along with any supporting documents. The malpractice insurance company will look over the request, and then either decide whether or not to accept it. If the demand is rejected then your lawyer will file suit.

Your attorney may recommend that in the event of a successful lawsuit involving birth injury, injuries a portion of the settlement or award is placed into a special needs fund. This will allow your child to use the funds to fund things like medicine physical therapy, home modifications.

Trials

In some cases, attorneys will attempt to reach an agreement to settle the issue prior to going to court. A settlement is an agreement in writing that settles the case and offers compensation to the plaintiff.

An attorney's team will seek evidence to prove medical professionals did not adhere to a high standard of care, causing an injury. Lawyers for the defendants also gather their own evidence to refute the claims. The attorneys will then meet with one other to negotiate the amount of settlement. If a settlement cannot be reached, the case will go to trial.

The trial process may be lengthy or take years to be completed. Plaintiffs could suffer from pain, stress and danger as they revisit their child's birth injury trauma. The winning party could be awarded a large verdict. A losing party may appeal the decision.

A skilled lawyer for birth injuries can make a huge difference in your case. A lawyer can assist you to get the best possible outcome throughout the litigation process. From drafting the demand letters, to filing the lawsuits, discovery, settlement negotiation and appeals, as well as trials should they be required A legal professional will ensure the best possible outcome. They can assist you in obtaining an award that will change your life for your family's requirements. Lawyers can also provide an expert witness network 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

The medical profession has its own set of rules to be followed during procedures. This includes the statute of limitation which establishes a deadline for filing lawsuits. This limit is designed to ensure that claims are filed in the time evidence is available in physical form and witnesses' memories are fresh. A lawsuit filed after the deadline for filing a lawsuit has passed can be dismissed even the case has a solid legal basis.

For victims of birth injuries the statute of limitation may be especially important. A successful claim could award the compensation needed for future and ongoing medical expenses and lost wages resulting from the absence of work to take care of the child, and emotional anxiety. In certain cases, a jury or judge may also award punitive damages intended to penalize defendants who have committed a grave carelessness.

Victims of birth injuries should have an New York attorney familiar with these types of claims. They can investigate the incident, gather evidence, create a case for negligence, and negotiate a settlement or go to trial if necessary. In some instances the defendant may attempt to dismiss a lawsuit by claiming that the time limit has expired. A lawyer is able to determine if this is the case. If the matter involves public hospitals that are run by local, state or federal authorities the possibility of a separate, and much shorter statute of limitations could be in place.

Expert Witnesses

Expert witnesses can assist juries and judges comprehend the evidence and the facts of the medical malpractice case. They can also offer specialized or injuries professional opinions and inferences to assist them in making a decision. They are permitted to offer their opinions because their knowledge is more reliable and detailed than that of a layperson, or someone who has no medical education.

A legal representative may retain an expert witness to review medical records, give a testimony, and aid the lawyer in putting together the case. The expert will sign an affidavit, and then be able to testify in court. An expert can be an employee of a hospital or health care professional from the defendant's establishment or an outsider.

The expert's testimony must reflect the current state of medical knowledge at the time. The expert should not denigrate or condone performance within the generally accepted standards of practice. Experts should be prepared to submit transcripts of depositions and courtroom testimony for peer review. They should not sign any contracts that state that the costs for expert testimony are too expensive compared to the time and efforts involved.

Parents of a child that has suffered a serious birth trauma may seek damages to cover the costs they will incur to care for their child, as well as any previous expenses that have been that they have incurred. A reliable attorney can determine whether negligence was involved in the child's injuries at birth and secure compensation that can ease the financial burden on families.