Birth injuries can cause severe disabilities that could affect your child's quality of life. Medical treatments can be costly and Birth Injury Litigation can take a long time.
A reputable lawyer can file your birth injury attorneys injury lawsuit to investigate the incident, collect evidence, make a case for negligence and represent you during settlement negotiations or at trial in the event of a trial.
Settlements
In more than 90 percent of medical malpractice cases, the plaintiffs and defendants reach an agreement to settle the case before the case goes to trial. This helps both parties avoid costly and stressful court costs, and gives the plaintiff a guarantee of a fair settlement. If a trial isn't feasible, a jury determines whether the defendants are responsible to compensate the plaintiff and how much.
The first step towards receiving the financial compensation your child deserves for his birth injury is proving that the doctor you hired to deliver your baby had a professional relationship with you, and he violated that duty during the birthing procedure. You can prove this using medical documents and hospital invoices. Your lawyer will have to collect evidence that the breach caused the injury to your child.
If you have evidence, your attorney will then submit a list of demands to the malpractice insurance carriers of the defendants. The document will include a detailed letter that describes the injuries your child sustained as well as supporting documents. The malpractice insurance company will review the demand and either accept or reject it. If the demand is denied the lawyer will file a lawsuit.
In the event of a successful birth injury lawsuit your lawyer may suggest placing the proceeds of your settlement or award in a special trust for children with special needs. This will allow you to grant future funds to your child for things such as physical therapy, medication, and home modifications.
Trials
In some instances, lawyers will try for a settlement in order to resolve the matter without going to court. A settlement provides the plaintiff with financial compensation and results in an official agreement that settles the matter.
A team of lawyers will collect evidence to prove that medical professionals did not provide the standards of care and caused injuries. Lawyers representing the defendants will also gather evidence to disprove the claims. The attorneys will then meet with each other to discuss the amount of settlement. If a settlement can't be reached the case will go to trial.
The trial process could take months or years to complete. Plaintiffs may experience stress, pain and danger as they revisit the trauma of their child's birth. The winning side could be awarded a large verdict. However, a losing party can file an appeal of the decision.
A birth injury attorney injury lawyer with years of experience can make a huge difference in your case. A lawyer can help you achieve the best possible outcome at every stage of the litigation process. From drafting the demand letters to filing the lawsuits and discovery, settlement negotiations or appeals, if necessary a lawyer will ensure the best possible outcome. They can assist you in getting an award that will change your life for your family's needs. A lawyer can help you establish a experts to help support your claim. The legal team of Lipsitz Green will investigate the incident to determine what went wrong and fight for a reasonable amount of compensation.
Statute of limitations
Medical professionals have their own set of rules to adhere to when performing procedures. This includes the statute of limitations, which sets a deadline for filing lawsuits. This limit is meant to ensure that claims can be filed when evidence is still available and witnesses' memories remain fresh. Even if the lawsuit is based on an established legal foundation the case is dismissed if it is filed after the statute has expired.
The statute of limitations can be crucial for birth injury law injuries. A successful claim could result in compensation for the victim's present and future medical expenses, lost wages due to being away from work to care for their child, and emotional anxiety. In certain cases, a jury or judge will also award punitive damages intended to punish defendants for their extreme inattention to detail.
The victims of birth injuries should have a New York attorney familiar with these kinds of claims. They can investigate and collect evidence to prove a case of negligence, negotiate a settlement, or go to court if necessary. In certain instances there is a possibility that a defendant will attempt to dismiss a lawsuit by arguing that the statute of limitations has expired. A lawyer can quickly determine when this is the case. If the situation involves public hospitals that are run by local, state, or federal authorities, a separate and possibly shorter statute of limitations may apply.
Expert Witnesses
In a medical malpractice case, experts are able to help jurors and judges understand the evidence and the facts in the case. They can also offer professional or specific opinions to help jurors make a decision. They are allowed to offer their opinions because their expertise is more reputable and detailed than the knowledge of a layperson or someone who is not trained in medical sciences.
A lawyer can engage an expert witness to examine medical records, provide an opinion and help the lawyer in putting together the case. The expert will sign an affidavit and then be able to testify in the court. An expert could be an internal employee of the defendant's hospital or health care system, or an individual outside that institution.
The expert's report must reflect the current medical knowledge in the case at the time of the hearing. Experts should not criticize or accept the practice as a whole within generally accepted standards of practice. Experts should be willing and able submit transcripts of depositions and courtroom testimony to peers to be reviewed. They should not sign any contracts where the fees for expert testimony are too high in comparison to the time and efforts involved.
Parents who have a child with a severe birth injury may be able to seek compensation for future medical care their child will require and for any previous expenses that they have already paid for the care of the child. A lawyer who stands by his word can determine if negligence was involved in a child's birth injury lawyers injury and obtain compensation to ease a family's financial burden.
