Birth Injury Litigation
birth injury lawyers injuries can cause severe disabilities and impact the quality of life for your child. The medical treatments they require can be expensive and lengthy.
A good lawyer will file your lawsuit for birth injury, study the incident, gather evidence, and build a case of negligence. They may represent you in settlement negotiations or in court if needed.
Settlements
In more than 90 percent of medical malpractice cases, plaintiffs and defendants agree to an agreement on settlement before the case goes to trial. Both parties can avoid high and stressful court costs and receive compensation for the plaintiff. If a trial is not feasible, a jury determines whether the defendants are liable to compensate the plaintiff and how much.
The first step to receiving financial compensation for birth injuries in your child is to prove the doctor who delivered your baby had an established professional relationship with you, and that he breached this duty during the birthing procedure. This can be accomplished with medical records and hospital bills. Your lawyer will need to find evidence that the breach led to the injuries to your child.
If you have the evidence, your lawyer will submit a demand form to the defendants’ malpractice companies. This document includes a detailed letter detailing the injuries suffered by your child and the supporting documents. The malpractice insurance company will review the request and decide whether to decide whether or not to accept it. If the demand is rejected the lawyer will file a lawsuit.
Your lawyer could suggest that, in the case that a lawsuit is successful for birth injuries, a portion of the settlement or award be placed into a special needs fund. This will permit your child to access future funds for things like medicines physical therapy, home modifications.
Trials
In certain cases lawyers will attempt to negotiate a settlement to settle the issue without going to court. A settlement is an agreement formalized that resolves a dispute and pays compensation to the plaintiff.
An attorney’s team will gather evidence to prove that medical professionals didn’t meet a high standard of care and caused injury. Lawyers for the defendants also gather their own evidence to counter the claims. The attorneys will meet to negotiate a settlement. If a settlement is not reached, the case will be taken to court.
The trial process can be lengthy or take years to take to. Plaintiffs could feel pain, stress and danger as they revisit the trauma of their child’s birth. The winning side could be awarded a large verdict. A party that loses the appeal can appeal the decision.
A skilled lawyer for birth injuries can make all the difference in your case. A lawyer can help you achieve the best possible outcome at every stage of the litigation process. From the writing of the demand letters to filing the lawsuits and discovery, settlement negotiations, trial, or appeals when necessary, a legal professional can ensure the most favorable outcome. They can help you obtain an award that will change your life for your family’s needs. A lawyer can also help you establish a a network of expert witnesses to support 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 when performing procedures. This includes the statute of limitations, which sets a deadline for filing lawsuits. This limitation is designed to ensure that claims are filed when evidence is still available and witnesses’ memories are fresh. Even if the suit has a solid legal basis, it is dismissed if it is filed after the statute has expired.
For victims of birth injury Law Firms injuries the statute of limitations can be crucially important. A successful case could result in compensation for future and current medical expenses loss of wages due to the inability to work in order to take care of the child, and emotional stress. In some cases the judge or jury will also award punitive damages intended to penalize defendants who have committed a grave negligence.
Victims of birth injuries should have an New York attorney familiar with these types of claims. They can investigate and collect evidence to establish a case of negligence or negotiate a settlement or take the case to court if needed. In some cases the defendant could try to dismiss a lawsuit claiming that the statute of limitations has run out. A lawyer can determine quickly when this is the case. If the case involves a public health facility that is run by local government, state or federal authorities the possibility of a separate and shorter statute of limitation periods could be in effect.
Expert Witnesses
In an instance of medical malpractice, experts can help judges and juries understand evidence and facts in the case. They may also provide expert or specialized opinions and inferences to help them make a decision. They are able to offer their opinions because their knowledge is more reputable and detailed than the knowledge of a layperson or someone without medical training.
Legal representatives can hire an expert witness who will examine medical records, provide testimony and assist the lawyer put together the case. The expert would then sign an affidavit and testify in court about their findings. An expert could be an employee of the defendant’s hospital or health care system, or someone who is not associated with the institution.
The testimony of an expert should reflect the state of medical knowledge at the time of incident. Experts should not denounce any practice that is not in line with generally accepted practices or allow for performance that is in violation of the standards. Experts should be prepared and able to submit transcripts from depositions or courtroom testimony to peers for review. They should not be a part of contracts that state that the costs for expert testimony are too high in comparison to the time and efforts involved.
Parents of children with a severe birth injury may claim damages for the future care that their child will require, and for any previous costs they’ve already paid for birth Injury law firms the care of the child. A lawyer who is steadfast can determine if negligence was the cause of a child’s birth injury and secure compensation to ease the family’s financial burden.