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birth injury law firm Injury Litigation

Birth injuries can lead to severe disabilities and impact the quality of life for your child. Medical treatments can be expensive and lengthy.

A competent lawyer will file a lawsuit for birth injury, study the incident, gather evidence, and present a case of negligence. They can also represent you at settlement negotiations or in court, if required.

Settlements

In more than 90 percent of medical malpractice cases, the plaintiffs and defendants agree to a settlement agreement prior to the case going to trial. This helps both parties avoid expensive and stressful court fees, and it provides the plaintiff with a guarantee of compensation. In the event that an agreement cannot be reached, a jury will decide whether the defendants are liable to pay the plaintiff compensation and how much money they should pay.

The first step in obtaining financial compensation for a birth injury in your child is to prove the doctor who gave birth to your baby had an established professional relationship with you, and that he acted in breach of this duty during the birthing process. This can be accomplished using medical documents and hospital bills. Your lawyer will also need to establish that the breach was responsible for the injuries to your child.

If you have the evidence, your lawyer will submit an offer to the defendants' malpractice carriers. The document will include a letter detailing your child's injuries, and any supporting evidence. The malpractice insurer will review the request, and then either decide whether or not to accept it. If the demand is rejected by your lawyer, they will bring a lawsuit.

If you are the victim of the outcome of a successful lawsuit for birth injuries the attorney you consult with may recommend placing the proceeds of your settlement or award into a special trust for children with disabilities. This will allow you to make future payments to your child for things like medicine, physical therapy, and home modifications.

Trials

In certain cases, lawyers will try to reach a settlement to settle the issue without going to court. A settlement is an agreement formalized that resolves the case and offers compensation to the plaintiff.

A team of lawyers will gather evidence to prove that medical professionals did not meet the requirements for a high standard of care, causing injury. Lawyers for the defendants will also gather their own evidence to disprove the claims. The attorneys will meet to negotiate for a settlement. If a settlement is not reached, the case will be taken to court.

The trial process may last for months or even years to take to. It can be a stressful, risky and painful for plaintiffs who have to relive the trauma of their child's birth trauma. The winner could be awarded a huge verdict. The losing party can appeal the decision.

A birth injury lawyer who has experience can make all the difference in your case. Legal professionals can guarantee the best possible outcome through each stage of the legal process, starting with the creation of the demand letter, to filing the lawsuit and discovery, settlement negotiations and trial or, in the event of an appeal, if necessary. They can help you obtain the life-changing amount of compensation your family requirements. Lawyers can also provide a network of expert witnesses to prove 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

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 designed to ensure that claims are filed while evidence is still available and witnesses' memories are fresh. Even if the lawsuit has a solid legal basis, it will be dismissed if it's filed after the statute of limitations has expired.

For birth injury victims the statute of limitations can be crucially important. A successful claim can provide compensation for the victim's current and future medical expenses, lost wages due to working less to take care of their child, and emotional distress. In some cases the judge or jury will also award punitive damages to penalize defendants who have committed a grave inattention to detail.

A New York attorney who is familiar with birth injury claims is required to represent the victims. They can investigate the incident and gather evidence, present a case for negligence and negotiate a settlement or go to trial if needed. In some instances, a defendant might attempt to dismiss a suit by asserting that the statute of limitations has expired. A lawyer is able to determine whether this is the situation. If the matter involves public hospitals which are operated either by local, state or federal government there is a separate and shorter statute of limitations could apply.

Expert Witnesses

In the case of medical malpractice, expert witnesses help jurors and judges to understand the evidence and the facts of the case. They can also offer expert opinions or inferences to assist them in making an informed decision. They are able to make this claim because their knowledge and expertise is more precise and trustworthy than an average person or someone who has no medical education.

Legal representatives can hire an expert witness to examine medical records, provide an account and assist the lawyer in putting together the case. The expert would then sign an affidavit and be present in court about their findings. An expert could be an employee of a hospital or health care provider from the defendant's institution or an outsider.

The expert's testimony must reflect the current state of medical knowledge available at the time. Experts should not rebuke actions that fall within generally accepted practice standards or condone performance that is outside of the standards. Experts should provide transcripts of depositions and courtroom testimony for peer review. They should not sign contracts where the fees for expert testimony are excessively high compared to their time and efforts involved.

Parents of children suffering from a severe birth injury can seek compensation for the future medical care their child will require, in addition to any past expenses they have already paid to care for the child. A lawyer who is committed can determine if negligence the cause of a child's birth injury and secure compensation to ease the family's financial burden.