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Birth Injury Litigation

Birth injuries can cause serious disabilities that can impact your child's quality of life. The medical treatment they require can be costly and time-consuming.

A competent lawyer will bring a birth injury lawsuit as well as investigate the incident, gather evidence, create an argument for negligence and represent you during settlement negotiations or in court if necessary.

Settlements

In a majority of medical malpractice lawsuits the plaintiff and defendant reach a settlement prior to the case goes to trial. Both parties will avoid expensive and stressful court fees and receive compensation for the plaintiff. If a trial is not possible, a jury decides whether the defendants have a duty to pay compensation and what amount.

The first step to receiving financial compensation for birth injury claim injuries in your child is to prove the doctor who gave birth to your baby had an established professional relationship with you and that he did not fulfill this obligation during the birthing process. You can do this by using medical documents and hospital invoices. Your lawyer will also need to collect evidence that proves the breach caused the injuries of your child.

If you have the evidence and your lawyer has it, they will send a demand package to the defendants' malpractice companies. This document contains a thorough letter detailing the injuries suffered by your child as well as supporting documents. The malpractice carrier will then examine the request and either accept or reject it. If the demand is rejected the lawyer will file a lawsuit.

If you are the victim of the outcome of a successful lawsuit for birth injuries, your attorney may recommend placing the proceeds of your settlement or award in a special needs trust. This will enable 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 to reach a settlement to resolve the matter without going to court. Settlements provide an amount of money to the plaintiff and leads to an official agreement that resolves the matter.

A team of attorneys will gather evidence to prove that medical professionals did not adhere to the highest standards of care and aggravated injuries. Lawyers for defendants will also gather evidence of their own to disprove claims. The attorneys will then meet one other to discuss an amount for settlement. If a settlement is not reached, the case will go to the court.

The trial process could be lengthy or take years to take to. It can be stressful, risky and painful for plaintiffs, as they experience the trauma of their child's birth injuries. The winner could receive a substantial amount. The losing party can appeal the decision.

A knowledgeable birth injury litigation injury lawyer can make a huge difference in your case. A lawyer can assist you to get the best possible result throughout the litigation process. From the drafting of demand letters to filing the lawsuits or discovery, settlement negotiations or appeals when necessary A legal professional will ensure the best possible outcome. They can assist you in obtaining an award that will change your life for your family's needs. Lawyers can also provide an expert witness network 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 that must be followed in all procedures. This includes the statute of limitation which specifies a deadline for filing lawsuits. This limit is set to ensure that claims are filed in the time physical evidence remains available and the memories of witnesses are fresh. Even if a lawsuit has an established legal foundation it is dismissed if it is filed after the statute has expired.

For victims of birth injuries the statute of limitation is particularly important. A successful claim can provide compensation for the victim's current and future medical expenses, lost wages due to missing work to care for their child, as well as emotional anxiety. In certain cases, the juror or judge could also award punitive damages to punish defendants who have demonstrated the most reckless of negligence.

The victims of birth injuries should have an New York attorney familiar with these types of claims. They can investigate and gather evidence to establish a case of negligence or negotiate a settlement or even go to court if required. In certain instances an accused party may try to dismiss a lawsuit arguing that the statute of limitations has run out. A lawyer is able to determine if this is the situation. If the situation involves a public hospital that is operated by local government, state or federal authorities the possibility of a separate and shorter statute of limitations may be in effect.

Expert Witnesses

In an instance of medical malpractice, experts can help judges and juries understand Birth Injury Litigation the 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 trustworthy than an average person or someone who has no medical training.

A lawyer can engage an expert witness who will review medical records, give an account and assist the lawyer in putting together the case. The expert will sign an affidavit, and then be able to testify in court. An expert can be a hospital employee, health care professional from the defendant's establishment, or an outsider.

An expert's testimony should reflect the state of medical knowledge at the time of the event in the case. The expert should not denigrate or accept the practice as a whole within generally accepted standards of practice. Experts should be prepared and able to submit transcripts from depositions or courtroom testimony to their peers to be reviewed. They should not sign agreements where the fees for their expert testimony are inordinately high in relation to the time and effort involved.

Parents who have a child suffering from a severe birth injury litigation injury may be able to seek compensation for future care that their child will require, and also for past costs they've already paid for the care of the child. A lawyer who stands by his word will determine if negligence the cause of a child's birth injury and secure compensation to ease a family's financial burden.