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Birth Injury Litigation

Birth injuries can lead to serious disabilities that can affect your child's quality of living. Medical treatments can be costly and lengthy.

A reputable lawyer can file your birth injury lawsuit as well as investigate the incident, gather evidence, build a case for negligence and also represent you in settlement negotiations or at trial if necessary.

Settlements

In a majority of medical malpractice lawsuits the defendant and plaintiff reach a settlement prior to the case goes to trial. Both parties will avoid costly 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 pay compensation and how much.

The first step toward receiving the financial compensation your child deserves for his birth injury attorney injury is proving that the doctor you hired to deliver your baby had an official relationship with you, and he violated this obligation during the birthing procedure. This can be done with medical records and hospital bills. Your lawyer will need to collect evidence that the breach caused the injury to your child.

Once you have the evidence, your lawyer will submit a package of demands to the malpractice insurance companies of the defendants. The document will include a letter detailing the injury suffered by your child along with supporting documentation. The malpractice insurance company will look over the request and decide whether to accept it or reject it. If the demand is rejected, your lawyer will file a lawsuit.

If you are the victim of a successful birth injury lawsuit the attorney you consult with may recommend placing the proceeds of your settlement or award in a special trust for children with disabilities. This will permit your child to access funds in the future to fund things like medicine physical therapy, home modifications.

Trials

In some cases, lawyers may try to find a solution to the issue before going to court. A settlement is an agreement formalized that resolves a dispute and pays compensation to the plaintiff.

An attorney's team will seek evidence to show that medical professionals did not adhere to a high standard of care and caused injury. Lawyers representing defendants will gather their own evidence to disprove allegations. The attorneys will meet to discuss an agreement. If no settlement can be reached the case will be sent to trial.

The trial process could be lengthy or take years to take to. Plaintiffs can suffer from pain, stress and risk as they relive their child's birth injury trauma. The winner could receive a substantial amount. A losing party may appeal the decision.

An experienced birth injury lawyer can make a huge difference in your case. Legal professionals can guarantee the best possible outcome through each stage of the litigation process, from drafting 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 compensation that can change your life and that of your family. A lawyer can connect you to a an expert network to support your claim. The legal team at Lipsitz Green will investigate your case to determine the reason for the injury occurred and fight for fair compensation.

Statute of limitations

The medical profession has its own set of rules to be adhered to during procedures. These include the statute of limitations which has a time limit for filing lawsuits. This limit is intended to ensure that claims can be filed as long as evidence is still accessible and witnesses' memories are still fresh. Even if the suit has a solid legal foundation the case is dismissed if it is filed after the statute has expired.

For birth injury victims the statute of limitations could be particularly crucial. A successful claim could award compensation for current and future medical expenses as well as lost wages due to missing work in order to care for the child, and emotional distress. In certain instances, the juror or judge could also award punitive damage to punish defendants for the most reckless of negligence.

A New York attorney who is familiar with birth injury lawsuits injury claims should represent the victims. They can investigate the accident and collect evidence, build an argument for negligence and seek a settlement or go to trial if needed. In some instances the defendant may attempt to dismiss a lawsuit saying that the statute of limitations has expired. A lawyer is able to determine whether this is the situation. If the case involves public hospitals, which are managed by state, local, or federal authorities there is a separate and shorter time limit could be in place.

Expert Witnesses

Expert witnesses can help juries and judges comprehend the evidence and facts of the medical malpractice case. They may also provide specialized or professional opinions and inferences to help them make an informed decision. They are able to offer their opinions because their knowledge is more reliable and detailed than that of a layperson or someone without medical training.

A lawyer may hire an expert witness to review medical records, provide testimony, and aid the lawyer in putting together the case. The expert will sign an affidavit and then testify in the court. An expert could be an employee of the defendant's hospital, health care system, or an individual who is not associated with the institution.

An expert's report should reflect the current state of medical knowledge at the time of incident. The expert should not denounce or condone the performance of a physician within generally accepted guidelines of practice. Experts should provide transcripts of depositions and courtroom testimony to be reviewed by a peer. They should not sign any contracts where the fees for expert testimony are too high compared to their time and effort.

Parents who have a child with a severe birth injury can seek compensation for future care that the child will require, and for any previous expenses they have already paid to care for the child. A reliable lawyer can determine if negligence was involved in the child's injury at birth and secure compensation that can help ease the financial burden of the family.