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Birth Injury Litigation

Birth injuries can lead to serious disabilities and affect the quality of life for your child. Medical treatments can be costly and can take a long time.

A reputable lawyer can file your birth injury attorney injury lawsuit and investigate the incident to gather evidence, present an argument for negligence and assist you in settlement negotiations or in court in the event of a trial.

Settlements

In a majority of medical malpractice lawsuits, the defendant and plaintiff reach a settlement before the case is heard. Both parties can avoid high and stressful court costs and receive compensation for the plaintiff. In the event that the trial is not able to be concluded, a jury will decide whether the defendants are liable to pay the plaintiff any compensation and the amount of amount they have to pay.

The first step in obtaining financial compensation for your child's birth injury is proving that the doctor you hired to deliver your baby was in a professional relationship with you and breached the duty of care during the birthing procedure. This can be accomplished through medical documents and hospital bills. Your lawyer will also need to establish that the breach resulted in your child's injuries.

If you have the evidence the lawyer will then submit a demand package to the defendants' malpractice carriers. This document contains a thorough letter detailing the injuries suffered by your child as well as supporting documents. The malpractice insurer will review the demand and either take it up or reject it. If the demand is rejected your lawyer will file suit.

In the event of a successful birth injury law firms injury lawsuit Your attorney might suggest placing a portion of your settlement or award into a special trust for children who require special. This will allow you to provide future funds to your child to cover things like physical therapy, medicine, and home modifications.

Trials

In certain instances lawyers will try for a settlement in order to resolve the matter without going to court. A settlement is an agreement in writing that settles the matter and also provides compensation to the plaintiff.

An attorney's team will collect evidence to prove medical professionals didn't meet a high standard of care and triggered an injury. Lawyers for defendants will also collect evidence on their own in order to refute assertions. The attorneys will meet to discuss an agreement. If a settlement cannot be reached the case will go to trial.

The trial process could take months or years to be completed. Plaintiffs may be afflicted with pain, stress and anxiety as they try to relive their child's birth injury trauma. The winner may be awarded a substantial amount. However, a losing party can file an appeal of the decision.

An experienced birth injury lawyer can make a huge difference in your case. A lawyer can help you get the best possible result throughout the litigation process. From drafting the demand letters, to filing the lawsuits and discovery, settlement negotiations, trial, or appeals, if necessary, a legal professional can ensure the most favorable outcome. They can assist you in getting life-changing compensation for your family's needs. A lawyer can provide you with an expert network to back 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

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

For birth injury victims the statute of limitation may be especially important. A successful claim could award the right to compensation for future and present medical expenses as well as lost wages due to missing work to care for the child, and emotional anxiety. In certain cases, a jury or judge will also award punitive damages to punish defendants for their extreme negligence.

A New York attorney who is familiar with birth injury claims is required to represent the victims. They can investigate and gather evidence to prove a case of negligence or negotiate a settlement or go to court when needed. In some instances there is a possibility for a defendant to dismiss a lawsuit claiming that the statute of limitations has passed. A lawyer can quickly determine whether this is the case. If the situation involves public hospitals that are run by local, state or federal authorities the possibility of a separate, and shorter statute of limitations may apply.

Expert Witnesses

Expert witnesses can assist juries and judges comprehend the evidence and the facts of a medical malpractice case. They can also offer expert or specialized opinions and inferences to help them make a decision. They are allowed to offer this advice because their knowledge and expertise is more detailed and trustworthy than the average person or one with no medical background.

A lawyer can engage an expert witness who will examine medical records, provide an opinion and help the lawyer with the case. The expert would then sign an affidavit and testify in court about their findings. An expert can be a hospital employee or health care provider from the defendant's institution or an outsider.

The expert's report must reflect the current state of medical knowledge in the case at the time. The expert should not denigrate or accept the practice as a whole within generally accepted standards of practice. Experts should be able to submit transcripts of depositions and courtroom testimony for peer review. They should not sign agreements where the fees for their expert testimony are unreasonably high relative to their time and effort.

Parents who have a child suffering from a severe birth injury may seek compensation for future care that the child will require and also for past costs they've already paid to provide care for the child. A steadfast attorney can determine if negligence caused the child's birth injury and seek compensation to help ease the financial burden of a family.