Birth Injury Litigation

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

A good lawyer can file your birth injury lawsuit as well as investigate the incident, gather evidence, create a case for negligence and represent you in settlement negotiations or in court if necessary.

Settlements

In over 90% of medical malpractice cases, the plaintiffs and defendants reach a settlement agreement before going to trial. Both parties will avoid high and stressful court costs and receive compensation for the plaintiff. If the trial is not able to be concluded, a jury will determine whether the defendants owe the plaintiff any compensation and the amount of the amount they are required to pay.

The first step toward receiving the financial compensation you deserve for your child's birth injury is to prove that the doctor you hired to deliver your baby had a a professional relationship with you, and he violated the duty of care during the birthing process. This can be done by using medical documents and hospital invoices. Your lawyer will need to collect evidence that the breach was responsible for your child's injuries.

If you have evidence, your attorney will send a set of demands to the malpractice insurers of the defendants. This document includes a detailed letter describing your child's injuries and the supporting documents. The malpractice company will look over the request and decide whether to accept or reject it. If the demand is rejected then your lawyer will file a lawsuit.

Your lawyer may suggest that in the case of a successful lawsuit to remedy hayden birth injury law Firm injury, a portion of the settlement or award be put into a special-needs fund. This will enable your child to access future funds for things like medicine physical therapy, home modifications.

Trials

In certain cases lawyers will attempt to negotiate a settlement to resolve the matter without having to go to court. A settlement offers the plaintiff with financial compensation and is a formal agreement that settles the matter.

A team of attorneys will gather evidence to show that medical professionals did not provide the standards of care and aggravated injuries. Lawyers for the defendants also gather evidence to counter the claims. The attorneys will then sit down with each and negotiate an amount for settlement. If a settlement isn't reached, the case will be taken to court.

The trial process could take months or years to be completed. Plaintiffs could experience stress, pain and danger as they revisit their child's birth injury trauma. The winning side may be awarded a substantial verdict. A party that loses the appeal can appeal the decision.

A birth injury attorney injury lawyer with experience can make a huge difference in your case. A lawyer can help you obtain the best outcome at every stage of the litigation process. From the creation of demand letters, to filing the lawsuits or discovery, settlement negotiation and appeals, as well as trials when necessary an attorney will ensure you get the best outcome. They can assist you in obtaining compensation that will change your life and that of your family members. A lawyer can also offer a network of expert witnesses to support your claim. The legal team at Lipsitz Green will investigate the case to determine the cause and fight for a reasonable amount of compensation.

Statute of limitations

Medical professionals have their own set of rules to adhere to when conducting procedures. This includes the statute of limitations which sets a deadline for filing lawsuits. This limitation is designed to ensure that claims can be filed as long as evidence is still accessible and witnesses' memories are still fresh. Even if the suit has an established legal foundation it will be dismissed if filed after the statute has expired.

For victims of birth injuries, the statute of limitations may be especially important. A successful case could result in compensation for future and current medical expenses, lost wages from missing work in order to care for the child, and emotional anxiety. In certain cases the judge or jury will also award punitive damages intended to punish defendants for extreme negligence.

A New York attorney who is familiar with birth injury lawyer injury claims should represent the victims. They can investigate the incident and collect evidence, hayden birth injury law firm build a case for negligence and settle the case or go to trial if needed. In some cases, a defendant might attempt to dismiss a case by saying that the statute of limitations has run out. A lawyer is able to determine whether this is the situation. If the situation involves public hospitals which are operated by state, local, or federal government the possibility of a separate, and shorter statute of limitations may apply.

Expert Witnesses

Expert witnesses can help juries and judges better understand the evidence and facts of the medical malpractice case. They are also able to provide expert opinions or conclusions to help them make an informed decision. They are able to do this because their knowledge and expertise is more detailed and reliable than a layperson or someone who is not a medical professional.

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

The expert's testimony must reflect the current state of medical knowledge in the case at the time. The expert should not denounce or condone the performance of a physician within generally accepted standards of practice. Experts should be able to submit transcripts of depositions and courtroom testimony for peer review. They should not sign agreements in which the costs for their expert testimony are inordinately high in relation to their time and effort.

Parents of a child that has suffered a severe birth trauma can seek damages to cover the cost they'll be liable to care for their child, as well as any previous expenses that may were that they have incurred. A determined lawyer can determine if negligence was the cause of the child's birth injury and secure compensation that can alleviate the financial burden of the family.