burr ridge birth injury law firm Injury Litigation

Birth injuries can cause severe disabilities and impact the quality of life of your child. Medical treatments can be expensive and lengthy.

A competent lawyer can file your birth injury lawsuit as well as investigate the incident, gather evidence, create the case for negligence, and also represent you in settlement negotiations or in court should it be necessary.

Settlements

In a majority of medical malpractice lawsuits, the plaintiff and defendant reach an agreement before the case is even tried. Both parties can avoid expensive and stressful court fees and receive compensation for the plaintiff. If a trial is not possible, a jury decides whether the defendants are accountable to pay compensation and how much.

The first step in obtaining financial compensation for your child's munster Birth Injury Lawsuit injury is to prove that the doctor you hired to deliver your baby was in an established professional relationship with you, and he violated that obligation during the birthing procedure. This can be accomplished using medical documents and hospital bills. Your lawyer will have to gather proof that the breach caused your child's injuries.

If you have the evidence, your lawyer will submit a demand package to the defendants' malpractice companies. The document will include a detailed letter that outlines the child's injuries along with supporting documents. The malpractice insurance company will look over the request, and either decide whether or not to accept it. If the demand is denied, your lawyer will file suit.

In the event of a successful birth injury lawsuit your lawyer may suggest placing some of the settlement or award into a special needs trust. This will allow you to provide future funds to your child for things such as physical therapy, medicine and home modifications.

Trials

In some instances, attorneys may try to find a solution to the issue prior to going to court. Settlements offer an amount of money to the plaintiff and ends in an official agreement that settles the matter.

A team of lawyers will collect evidence to prove that medical professionals did not provide the requirements for a high standard of care, causing injury. Lawyers for the defendants also gather their own evidence to prove the allegations. The attorneys will meet to negotiate for a settlement. If a settlement cannot be reached, the case will go to court.

The trial process could take months or years to be completed. Plaintiffs may be afflicted with pain, stress and even risk when they recall the trauma of their child's birth. The winner could receive an award of a significant amount. The losing side can appeal the decision.

A birth injury lawyer who has experience can make a huge difference in your case. A legal professional can help you get the best outcome at every step of the litigation process, from drafting the demand letter to filing the lawsuit or discovery, negotiation of settlement and trial, in the event of an appeal, if necessary. They can help you get life-changing compensation for your family's needs. A lawyer can provide you with a experts to help support your claim. The legal team at Lipsitz Green will investigate your case to determine how the injury occurred and fight for fair 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 when evidence in the physical remains and the memories of witnesses are fresh. Even if the lawsuit is based on a solid legal foundation it will be dismissed if it's filed after the statute of limitations has expired.

For victims of birth injuries the statute of limitations could be particularly crucial. A successful claim can provide compensation for the victim's current and future medical expenses, lost wages due to missing work to take care of their child, as well as emotional stress. In some cases a judge or jury may also award punitive damages intended to punish defendants for committing a serious negligence.

Victims of birth injuries must have an New York attorney familiar with these types of claims. They can investigate and gather evidence to support a claim of negligence or negotiate a settlement or go to court when required. In some instances an accused party may try to dismiss a lawsuit by asserting that the statute of limitations has expired. A lawyer should be able to quickly determine whether this is the situation. If the situation involves a public hospital that is operated by local government agencies, whether federal or state-based the possibility of a separate and shorter time limits for statute of limitations could apply.

Expert Witnesses

In an instance of medical malpractice, experts can help jurors and judges understand the evidence and the facts in the case. They can also provide expert or specialized opinions to help jurors to make a choice. They are permitted to offer their opinions because their expertise is more reliable and thorough than that of a layperson, or someone who is not trained in medical sciences.

A lawyer can engage an expert witness to examine medical records, provide a testimony and help the lawyer to put together the case. The expert would sign an affidavit and then appear in the court. An expert could be an employee of the defendant's hospital, health care system, or an individual who is not associated with the institution.

An expert's report should reflect the current state of medical knowledge at the time of occurrence in the case. The expert should not denounce or excuse any action that is not in line with generally accepted guidelines of practice. Experts should be willing to submit transcripts of depositions and courtroom testimony to be reviewed by a peer. They should not sign agreements that state that the costs for expert testimony are too expensive in comparison to the time and efforts involved.

Parents who have a child who has suffered a serious birth injury can seek damages for the future medical care their child will require in addition to any past expenses that they have already paid to provide care for the child. A determined attorney can determine if negligence caused the child's injury at birth and secure compensation that can ease the financial burden on the family.