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Birth 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 reputable lawyer can file your birth injury lawsuit, investigate the incident and gather evidence, build an argument for negligence and assist you in settlement negotiations or in court if necessary.

Settlements

In the majority of medical malpractice lawsuits the defendant and plaintiff reach an agreement prior to the case is even tried. This helps both parties avoid the burdensome and costly court costs, and also provides the plaintiff with a guarantee of a fair settlement. If a trial isn't possible, a jury decides whether the defendants are responsible to pay compensation and in what amount.

The first step in obtaining the financial compensation your child deserves for his birth injury is proving that the doctor you hired to deliver your baby had a an established professional relationship with you and breached that duty during the birthing procedure. This can be done by using medical records and hospital invoices. Your lawyer will also have to collect evidence that proves the breach was responsible for your child's injuries.

Once you have this evidence and your lawyer has it, they will send a demand package to the plaintiffs' malpractice insurers. The document contains a letter detailing your child's injuries, and any supporting evidence. The malpractice insurance company will review the request, and then either accept or reject it. If the demand is denied, your lawyer will file a lawsuit.

In the event of an outcome in a birth injury lawsuit the attorney you consult with may recommend placing a portion of your settlement or award into a special trust for children with disabilities. This will allow you to provide future funds to your child to cover things such as physical therapy, medicine, and home modifications.

Trials

In certain instances lawyers may try for a settlement in order to resolve the matter without having to go to court. A settlement is an agreement in writing that settles the case and offers compensation to the plaintiff.

An attorney's team will gather evidence to prove medical professionals did not adhere to a high standard of care and caused injury. birth injury lawyers for defendants will also collect evidence on their own to counter assertions. The attorneys will meet to negotiate for a settlement. If no settlement can be reached, the case will be taken to the court.

The trial process could take months or years to complete. It can be stressful, risky, and painful for plaintiffs as they go through the trauma of their child's birth injuries. The winning party could win an award of a significant amount. A losing party may appeal the decision.

A birth injury lawyer with experience can make a big difference in your case. Legal professionals can guarantee the best result at every stage of the legal process, starting with the creation of the demand letter to filing the lawsuit, discovery, settlement negotiations and trial, or when necessary, appeals. They can help you receive compensation that will transform your life and that of your family members. A lawyer can also help you establish a experts to support your claim. The legal team at Lipsitz Green will investigate your case to determine the cause of the injury occurred and fight for fair compensation.

Statute of Limitations





Medical professionals have their own set of rules they must adhere to when performing procedures. This includes the statute of limitations which specifies a deadline for filing lawsuits. This limit is set to ensure that claims are filed as long as physical evidence remains available and the memories of witnesses are fresh. A lawsuit that is filed after the time limit has expired can be dismissed even when it has a solid legal basis.

The statute of limitations is crucial for those suffering from birth injuries. A successful case could result in the right to compensation for future and present medical costs as well as lost wages due to missing work in order to take care of the child, and emotional anxiety. In some cases the judge or jury will also award punitive damages to punish defendants for their extreme negligence.

Victims of birth injuries should have an New York attorney familiar with these types of claims. They can investigate the accident and gather evidence, create a case for negligence, and negotiate a settlement or go to trial if needed. In some instances there is a possibility that a defendant will 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 matter involves a hospital that is public that is run by local, state or federal governments the possibility of a separate and shorter time limits for statute of limitations may be in effect.

Expert Witnesses

In a medical malpractice case, experts are able to help jurors and judges comprehend evidence and facts in the case. They are also able to provide expert opinions or inferences to help them make an informed decision. They can do this because their knowledge and expertise is more specific and reliable than the average person or one who has no medical training.

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

The testimony of an expert should reflect the current state of medical knowledge at the time of occurrence in the case. The expert should not condemn or excuse any action that is not in line with generally accepted standards of practice. Experts should be willing to provide deposition transcripts as well as courtroom testimony to be reviewed by a peer. They should not enter into contracts where the fees for their expert testimony are unreasonably high in relation to their time and effort.

Parents of a child who has suffered a severe birth trauma can seek damages to pay for the future expenses they'll incur for the care of their child, as well as any previous expenses that may have been caused. An experienced attorney can determine if negligence was involved in the child's birth injury and obtain compensation that will reduce the financial burden for the family.