Birth Injury Litigation

Birth injuries can result in serious disabilities that can affect the quality of life of your child. The medical treatments they require could be costly and time-consuming.

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

Settlements

In more than 90 percent of medical malpractice cases, the 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 is not feasible, a jury will decide whether the defendants are responsible to pay compensation and how much.

The first step toward receiving financial compensation for your child's birth injury attorney injury is to prove that the doctor you hired to deliver your child had a an established professional relationship with you, and he violated the duty of care during the birthing process. You can prove this by using medical documents and hospital invoices. Your lawyer will have to prove that the breach was responsible for the injury to your child.

If you have evidence, your attorney will then submit a list of demands to the malpractice insurance companies of the defendants. The document contains a letter detailing the injuries suffered by your child, together with the supporting documentation. The malpractice insurer will review the request, and either decide whether to accept or deny it. If the demand is rejected then your lawyer will make a claim.

Your lawyer may suggest that in the case of a successful lawsuit to remedy birth injuries, a percentage of the settlement or award is put into a special needs fund. This will permit your child to access funds in the future for things such as medicine and physical therapy as well as home modifications.

Trials

In certain instances lawyers may try for a settlement in order to settle the issue without going to court. A settlement offers the plaintiff with financial compensation and results in an official agreement that settles the case.

A team of lawyers will collect evidence to prove that medical professionals failed to meet a high level of care and caused injuries. Lawyers for defendants also gather evidence of their own to counter claims. The attorneys will meet to discuss for a settlement. If a settlement cannot be reached then the case will go to trial.

The trial process could be lengthy or take years to take to. Plaintiffs may be afflicted with pain, stress and even risk when they recall the trauma of their child's birth. The winner could receive a substantial amount. However, a losing party may appeal the decision.

A lenoir birth injury attorney injury lawyer with experience can make a big difference in your case. A lawyer can help you obtain the best outcome at every stage of the litigation process. From drafting the demand letters to filing the lawsuits, discovery, settlement negotiation or appeals when necessary A legal professional will ensure the best possible outcome. They can assist you in obtaining compensation that will alter your life as well as the lives of your family members. Lawyers can also provide a network of expert witnesses to support your claim. The legal team of Lipsitz Green will investigate the case to determine what transpired and fight for fair amount of compensation.

Statute of Limitations

Medical professionals have their own set of rules they must adhere to during procedures. These include the statute of limitations, which imposes a time limit for birth injuries 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. A lawsuit that is filed after the time limit has expired will be dismissed, even if it has a strong legal basis.

For victims of birth injuries the statute of limitation can be crucially important. A successful claim can provide compensation for the victim's present and future medical expenses and lost wages resulting from being away from work to care for their child, and emotional distress. In certain circumstances, a judge or jury could also award punitive damage to punish defendants for an extreme lack of care.

Victims of birth injuries should have a New York attorney familiar with these kinds of claims. They are able to investigate the incident and gather evidence, present an argument for negligence, and reach a settlement or go to trial if needed. In certain instances an accused party may try to dismiss a lawsuit by asserting that the statute of limitations has expired. A lawyer will be able quickly determine if this is the situation. If the matter involves a hospital that is public that is operated by local government agencies, whether federal or state-based in a different and possibly shorter time limits for statute of limitations may be in effect.

Expert Witnesses

Expert witnesses can assist juries and judges understand the evidence and the facts of the medical malpractice case. They may also provide expert opinions or inferences to help them make a decision. They can offer this advice because their knowledge and expertise is more thorough and reputable than a layperson or someone who has no medical education.

Legal representatives can hire an expert witness to look over medical records, provide testimony, and assist the lawyer in preparing the case. The expert would sign an affidavit, and then give evidence in the court. An expert could be an internal employee of the defendant's hospital or health care system, or a person outside of the institution.

An expert's testimony should reflect the current state of medical knowledge at the time of incident. The expert should not condemn or condone the performance of a physician within generally accepted guidelines of practice. Experts should be willing and able to provide transcripts of depositions or courtroom testimony to their peers for review. They should not sign contracts in which the fees for their expert testimony are disproportionately high in relation to their time and effort.

Parents of a child who has suffered a serious birth trauma can seek damages to cover the costs they'll have to pay for their child's medical care, as well as any expenses that were that they have incurred. A steadfast lawyer can determine if negligence was involved in the child's birth injury and secure compensation that can help ease the financial burden of the family.