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Birth Injury Litigation

Birth injuries can lead to severe disabilities that could affect your child's quality of life. The medical treatments they require can be expensive and lengthy.

A good lawyer can file your birth injury lawsuit, investigate the incident and gather evidence, present an argument for negligence and represent you during settlement negotiations or at trial in the event of a trial.

Settlements

In over 90 percent of medical malpractice cases, the plaintiffs and defendants come to an agreement on settlement prior to the case going to trial. Both parties can avoid expensive and stressful court fees and receive compensation for the plaintiff. If a trial isn't possible, a jury can decide whether the defendants are liable to pay compensation and in what amount.

The first step to receive financial compensation for your child's birth injury is to prove that the doctor you hired to deliver your baby had an established professional relationship with you and breached this obligation during the birthing procedure. This can be accomplished using medical documents and hospital bills. Your lawyer must collect evidence that the breach caused the injury to your child.

Once you have the evidence, your attorney will then submit a list of demands to the malpractice insurance companies of the defendants. This document contains a thorough letter describing your child's injuries as well as supporting documents. The malpractice insurer will examine the request, and then either take it or leave it. If the demand is rejected, your lawyer will file suit.

Your lawyer may suggest that in the case of a successful lawsuit involving birth injuries, a portion of the settlement or award is put into a special-needs fund. This will allow your child to have access to future funds for things like medicines physical therapy, home modifications.

Trials

In certain cases, attorneys may try to reach an agreement to settle the matter before going to court. Settlements offer financial compensation to a plaintiff and is a formal agreement that resolves the matter.

A team of lawyers will gather evidence to demonstrate that medical professionals did not provide a high level of care and caused injuries. Lawyers for defendants will also collect their own evidence to disprove assertions. The attorneys will meet to negotiate the terms of a settlement. If no settlement can be reached, the case will go to trial.

The trial process could take months or years to complete. It can be a stressful, risky and painful for plaintiffs as they go through the trauma of their child's birth injury law firm injuries. The winning party may receive a substantial amount. But, a party that loses can appeal the decision.

A birth injury Law firms injury lawyer who has experience can make a significant difference in your case. A legal professional can ensure the best result at every stage of the litigation process, from writing the demand letter to filing the lawsuit and discovery, settlement negotiations and trial, or if needed, appeals. They can assist you in getting the life-changing amount of compensation your family needs. A lawyer can also help you establish a a network of expert witnesses to back your claim. The legal team of Lipsitz Green will investigate the case to determine the cause and fight for a fair amount of compensation.

Statute of Limitations

Medical professionals have their own set of rules to follow when conducting procedures. This includes the statute of limitations, which imposes a time limit for filing lawsuits. This limit is set to ensure that claims are filed as long as evidence in the physical remains and witnesses' memories are fresh. Even if the lawsuit is based on a solid legal basis the case will be dismissed if filed after the statute of limitations has expired.

For birth injury victims the statute of limitation could be particularly crucial. A successful claim could result in compensation for the victim's current and future medical expenses or lost wages as a result of working less to take care of their child, as well as emotional anxiety. In certain circumstances, a judge or jury may also award punitive damage to punish defendants who have shown the most reckless of negligence.

A New York attorney who is experienced in birth injury claims is required to represent the victims. They can conduct investigations and gather evidence to support a claim of negligence or negotiate a settlement or take the case to court if needed. In certain instances the defendant may attempt to dismiss a lawsuit by saying that the statute of limitations has run out. A lawyer should be able to quickly determine whether this is the situation. If the situation involves a public hospital, which are operated by local or federal government, separate and potentially much shorter time limits for statute of limitations could apply.

Expert Witnesses

In the case of medical malpractice, expert witnesses help jurors and judges comprehend the evidence and facts in the case. They can also offer specialized or professional opinions and inferences to assist them in making the right decision. They are allowed to do this because their knowledge and expertise is more precise and reputable than a layperson or someone with no medical background.

A legal representative may retain an expert witness to review medical records, offer a testimony, and assist the lawyer in preparing the case. The expert would then be required to sign an affidavit as well as testify in court regarding their findings. An expert could be an internal employee of the defendant's hospital, health care system, or an individual outside that institution.

An expert's report should reflect the state of medical knowledge at the time of the incident in the case. The expert should not denounce or condone the performance of a physician within generally accepted guidelines of practice. Experts should be willing and able to send transcripts from depositions or courtroom testimony to peers for review. They should not sign any contracts that state that the costs for expert testimony are excessively expensive compared to the time and efforts involved.

Parents of a child that has suffered a severe birth trauma may seek damages to pay for the future expenses they'll have to pay for their child's care and any past expenses that have been incurred. A lawyer who is committed will determine if negligence was at play in the birth injury and obtain compensation to ease the family's financial burden.