Birth Injury Litigation

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

A reputable lawyer can start a lawsuit for birth injuries and investigate the incident to gather evidence, build the case for negligence, and represent you in settlement negotiations or in court if necessary.

Settlements

In over 90 percent of medical malpractice cases, plaintiffs and defendants sign an agreement to settle the case prior to going to trial. Both parties can avoid costly and stressful court costs and receive compensation for the plaintiff. If a trial isn't feasible, a jury will decide whether the defendants are accountable to pay compensation and in what amount.

The first step to receive the financial compensation you deserve for your child's birth injury is to prove that the doctor you hired to deliver your child had a a professional relationship with you and violated this obligation during the birthing procedure. This can be accomplished using medical records and hospital bills. Your lawyer will also need to collect evidence that proves the breach led to your child's injuries.

Once you have the evidence, your attorney will then submit a list of demands to the malpractice insurers of the defendants. The document will include a detailed letter describing your child's injuries as well as supporting documents. The malpractice insurance company will review the demand, and accept or reject it. If the demand is denied the lawyer will file suit.

If you are the victim of a successful birth injury lawsuit your lawyer may suggest placing the proceeds of your settlement or award into a special needs trust. This will enable your child to use the funds for things like medicine, physical therapy and home modifications.

Trials

In some cases, attorneys attempt to reach an agreement to resolve the issue before going to court. A settlement offers financial compensation to a plaintiff and is a formal agreement that concludes the case.

A team of attorneys will gather evidence to prove that medical professionals failed to meet the standards of care and caused injuries. Lawyers representing the defendants will also gather evidence to refute the claims. The attorneys will meet to discuss the terms of a settlement. If a settlement can't be reached, the case will go to trial.

The trial process could take months, or years to be completed. It can be stressful, risky, and painful for plaintiffs as they go through the trauma of their child's birth injuries. The winner may be awarded a large award. But, a party that loses can file an appeal of the decision.

A birth injury lawyer who has experience can make a huge difference in your case. A lawyer can assist you to obtain the best outcome at every stage of the litigation process. From drafting the demand letters to filing lawsuits or discovery, settlement negotiations and appeals, as well as trials, if necessary, a legal professional will ensure the highest possible outcome. They can assist you in getting life-changing compensation for your family's needs. A lawyer can connect you to a an expert network to back your claim. The legal team at Lipsitz Green will investigate the case to determine the cause and fight for fair settlement.

Statute of Limitations

Medical professionals have their own set of rules to adhere to when conducting procedures. This includes the statute of limitations which imposes a time limit for filing lawsuits. This limit is intended to ensure that claims can be filed when evidence is still accessible and witnesses' memories are still fresh. Even if the suit has a solid legal foundation it will be dismissed if filed after the statute has expired.

The time limit for filing a claim can be crucial for birth injuries. A successful case can result in compensation for the victim's current and future medical expenses and lost wages resulting from being away from work to care for their child, as well as emotional stress. In some cases, the judge or jury could also award punitive damage to punish defendants who have shown an extreme lack of care.

The victims of alamo birth injury lawyer injuries should have an New York attorney familiar with these types of claims. They can investigate the incident, collect evidence, build a case for negligence and reach a settlement or go to trial if necessary. In certain cases, a defendant may try to dismiss a lawsuit claiming that the statute of limitation has passed. A lawyer will be able quickly determine whether this is the case. If the situation involves public hospitals which are operated by local, state, or federal government there is a separate and much shorter statute of limitations may apply.

Expert Witnesses

In a medical malpractice case, experts are able to help judges and juries understand evidence and facts in the case. They can also offer expert or professional opinions and inferences that can help them make the right decision. They are allowed to offer this advice because their knowledge and expertise is more thorough and reliable than the average person or one with no medical background.

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

The expert's testimony must reflect the current medical knowledge available at the time of the hearing. The expert should not denigrate or condone the performance of a physician within generally accepted guidelines of practice. Experts should be willing to provide deposition transcripts as well as courtroom testimony for peer review. They should not sign agreements where the fees for expert testimony are too high compared to their time and effort.

Parents who have a child who has suffered a serious dunellen Birth injury lawsuit injury may seek compensation for the future care that their child will require in addition to any past expenses they have already incurred to care for the child. An experienced lawyer can determine if negligence was involved in the child's injury during birth and seek compensation to ease the financial burden on the family.