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Birth Injury Litigation

Birth injuries can result in serious disabilities that can affect your child's quality of living. Medical treatments can be expensive and long.

A competent lawyer will file your birth injury law firms injury lawsuit, investigate the incident and gather evidence, build the case for negligence, and represent you in settlement negotiations or in court if necessary.

Settlements

In over 90% of medical malpractice cases, plaintiffs and defendants sign an agreement to settle the case before going to trial. Both parties can avoid the expensive and stressful court fees and receive compensation for the plaintiff. If there is no trial the jury will decide whether the defendants owe the plaintiff compensation and how much the amount they are required to pay.

The first step towards receiving financial compensation for a birth injury in your child is to prove the doctor who gave birth to your baby had a professional relationship with you, and that he acted in breach of this duty during the birthing procedure. You can do this by using medical records and hospital invoices. Your lawyer will also have to collect evidence that proves the breach caused your child's injuries.

Once you have the evidence, your attorney will submit a package of demands to the malpractice insurers of the defendants. The document contains a letter detailing the injuries suffered by your child, as well as supporting documentation. The malpractice insurer will review the demand and either accept it or reject it. If the demand is rejected the lawyer will start a lawsuit.

In the event of an outcome in a birth injury lawsuit the attorney you consult with may recommend placing part of your settlement or award in a special trust for children with disabilities. This will permit your child to access future funds for things like medicines, physical therapy and home modifications.

Trials

In some cases, attorneys will try to come to an agreement on how to settle the matter before going to court. Settlements provide the plaintiff with financial compensation and leads to an official agreement that resolves the matter.

A lawyer's team will collect evidence to show that medical professionals did not adhere to a high standard of care and caused injury. Lawyers for defendants will also collect their own evidence to counter assertions. The attorneys will meet to negotiate an agreement. If a settlement cannot be reached, then the case will be taken to court.

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

A knowledgeable birth injury lawyer can make a huge difference in your case. A lawyer can help you get the best possible outcome throughout the litigation process. From the writing of the demand letters to filing the lawsuits or discovery, settlement negotiation, trial, or appeals, if necessary a lawyer will ensure you get the best outcome. They can help you receive compensation that will alter your life, and the lives of your family members. A lawyer can help you establish a a network of experts to back 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 to follow when performing procedures. These include the statute of limitations, that imposes a deadline for filing lawsuits. This limitation is intended to ensure that claims are filed when evidence in the physical remains and the memories of witnesses are fresh. A lawsuit that is filed after the time limit has expired will be dismissed, even when it has a solid legal basis.

For birth injury law firms injury victims the statute of limitation can be crucially important. A successful lawsuit could provide compensation for future and current medical costs and lost wages resulting from the absence of work to care for the child, and emotional anxiety. In certain instances, the jury or judge may also award punitive damages to punish defendants for an extreme lack of care.

A New York attorney who is adept at defending birth injuries is required to represent the victims. They can conduct an investigation and gather evidence to support a claim of negligence, negotiate a settlement, or take the case to court if required. In certain instances, a defendant may try to dismiss a lawsuit by claiming that the statute of limitations has run out. A lawyer should be able to quickly determine if this is the situation. If the case involves public hospitals which are operated by state, local, or federal government in addition, a separate and much shorter statute of limitations could apply.

Expert Witnesses

Expert witnesses can assist juries and judges better understand the evidence and facts of a medical malpractice case. They also offer expert or specialized opinions to assist jurors make a decision. They are allowed to do this because their knowledge is more reputable and detailed than the knowledge of a layperson or someone who has no medical education.

A lawyer can engage an expert witness to examine medical records, provide testimony and assist the lawyer with the case. The expert would then be required to sign an affidavit as well as testify in court about their findings. An expert can be a hospital employee, health care professional at the institution of the defendant 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 condemn any practice that is not in line with generally accepted practice standards or condone performance that is outside of those standards. Experts should be willing to provide deposition transcripts and courtroom testimony for peer review. They should not sign agreements that state that the costs for expert testimony are excessively high compared to their time and efforts involved.

Parents of a child who suffered a severe birth trauma may seek damages to cover the costs they'll be liable to care for their child, as well as any previous expenses that were that they have incurred. A lawyer who is committed can determine if negligence was responsible for a child's birth injury and obtain compensation to ease a family's financial burden.