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Birth Injury Litigation

Birth injuries can cause serious disabilities that can impact the quality of life of your child. Medical treatments can be costly and long.

A competent lawyer will file your birth injury Law firms injury lawsuit and investigate the incident to gather evidence, build an argument for negligence and represent you during settlement negotiations or in court should it be necessary.

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. Both parties can avoid the costly and stressful court costs and receive compensation for the plaintiff. If a trial is not possible, a jury can decide whether the defendants have a duty to pay compensation and in what amount.

The first step to receiving financial compensation for birth injuries in your child is proving the doctor who delivered your child had a professional relationship with you and that he did not fulfill this duty during the birthing procedure. This can be done with medical documents and hospital bills. Your lawyer will also need to gather evidence that the breach led to the injuries of your child.

Once you have this evidence, your lawyer will submit an offer to the plaintiffs' malpractice insurers. The demand package will contain a comprehensive letter that outlines the child's injuries as well as supporting documents. The malpractice carrier will then go through the request and either accept it or reject it. If the demand is rejected the lawyer will file a lawsuit.

In the event of the outcome of a successful lawsuit for birth injury law firms injuries your lawyer may suggest placing a portion of your settlement or award in a special trust for children with special needs. This will enable your child to access future funds for things like medicines and physical therapy as well as home modifications.

Trials

In some instances, attorneys may try to reach an agreement to settle the matter before going to court. Settlements provide an amount of money to the plaintiff and is a formal agreement that resolves the case.

A team of attorneys will gather evidence to prove that medical professionals did not adhere to the highest standards of care and caused injuries. Lawyers for the defendants also collect evidence to refute the claims. The attorneys will then meet with one the other to negotiate the amount of settlement. If no settlement can be reached, the case will go to trial.

The trial process may last for months or even years to be completed. Plaintiffs can suffer from pain, stress and risk as they relive the trauma of their child's birth. The winning party could receive a large settlement. The losing side may appeal the decision.

A birth injury lawyer with years of experience can make a big difference in your case. A lawyer can help you get the best possible outcome at every stage of the litigation process. From drafting the demand letters to filing the lawsuits, discovery, settlement negotiation, trial, or appeals If necessary, a legal professional can ensure the most favorable outcome. They can help you get compensation that will alter your life and that of your family members. Lawyers can also provide experts to support your claim. The legal team at Lipsitz Green will investigate the incident to determine what went wrong and fight for a fair compensation.

Statute of Limitations

The medical profession has its own set of rules that must be adhered to when performing procedures. This includes the statute of limitation which specifies a deadline for filing lawsuits. This limitation is designed to ensure that claims are filed as long as physical evidence remains available and witnesses' memories are fresh. Even if the lawsuit is based on an established legal foundation the case can be dismissed if it is filed after the statute has expired.

For birth injury victims the statute of limitations could be particularly crucial. A successful lawsuit can offer compensation for the victim's present and future medical expenses and lost wages resulting from being away from work to take care of their child, as well as emotional distress. In certain instances, the judge or jury could also award punitive damage to punish defendants who have displayed extreme negligence.

A New York attorney who is well-versed in birth injury claims should represent victims. They can investigate and gather evidence to prove a case of negligence or negotiate a settlement or take the case to court if needed. In certain situations an accused party may try to dismiss a lawsuit by arguing that the statute of limitations has expired. A lawyer will be able to swiftly determine whether this is the case. If the case involves public hospitals that are run by the state, local or federal governments in addition, a separate and much shorter statute of limitations could apply.

Expert Witnesses

Expert witnesses can assist juries and judges better understand the evidence and the facts of a medical malpractice case. They can also provide expert or specialized opinions and inferences to help them make an informed decision. They are permitted to offer their opinions because their knowledge is more reliable and precise than the knowledge of a layperson or someone with no medical training.

A legal representative can retain an expert witness who will review medical records, give a testimony and help the lawyer put together the case. The expert would then sign an affidavit, and testify in court regarding their findings. An expert can be an employee of a hospital or health care professional from the defendant's institution, or an outsider.

An expert's testimony should reflect the current state of medical knowledge at the time of incident in the case. Experts should not rebuke actions that fall within generally accepted practices or allow for performance that is in violation of the standards. Experts should be prepared and able to submit transcripts from depositions or courtroom testimony to their peers for review. They should not be a part of contracts where the fees for expert testimony are too high in comparison to the time and efforts involved.

Parents of children who suffers a serious birth injury may claim damages for the future medical care their child will require in addition to any past expenses they have already incurred to provide care for the child. A lawyer who stands by his word can determine if negligence the cause of a child's birth injury and seek compensation to ease a family's financial burden.