Birth Injury Litigation

Birth injuries can lead to serious disabilities that can impact the quality of life of your child. Medical treatments can be expensive and lengthy.

A competent lawyer can bring a birth injury lawsuit and investigate the incident to gather evidence, create the case for negligence, and assist you in settlement negotiations or in court if necessary.

Settlements

In more than 90% of medical malpractice cases, plaintiffs and defendants reach an agreement for settlement before going to trial. This helps both parties avoid the burdensome and costly court costs, and gives the plaintiff a promise of compensation. In the event that a trial cannot be reached, a jury will decide whether the defendants owe plaintiff compensation and how much money they should pay.

The first step towards receiving financial compensation for your child’s birth injury is proving that the doctor you hired to deliver your baby was in a professional relationship with you and breached that obligation during the birthing procedure. This can be done with medical records and hospital bills. Your lawyer will need to gather proof that the breach was responsible for the injuries to your child.

Once you have this evidence, your lawyer will submit an order package to defendants’ malpractice carriers. The demand package will contain a comprehensive letter detailing the injuries suffered by your child and the supporting documents. The malpractice insurer will review the demand, and decide whether to accept or deny it. If the demand is rejected the lawyer will file a lawsuit.

If you are the victim of the outcome of a successful lawsuit for Covina Birth injury lawyer injuries, your attorney may recommend placing part of your settlement or award into a special trust for children with disabilities. This will allow you to provide future funds to your child to cover things such as physical therapy, medicine and home modifications.

Trials

In certain instances lawyers will attempt to reach a deal to resolve the matter without going to court. Settlements offer financial compensation to a plaintiff and results in an official agreement that resolves the matter.

An attorney’s team will collect evidence to show that medical professionals didn’t meet a certain standard of care, causing an injury. Lawyers for the defendants will also collect evidence to prove the allegations. The attorneys will meet to negotiate the terms of a settlement. If a settlement cannot be reached the case will go to trial.

The trial process could take months or years to complete. It can be stressful, risky and painful for plaintiffs as they relive the trauma of their child’s birth injuries. The winning party may receive an enormous amount. The losing side can appeal the decision.

A birth injury lawyer with years of experience can make a big stone gap birth injury lawyer difference in your case. A lawyer can help you get the best possible result throughout the litigation process. From drafting the demand letters to filing lawsuits or discovery, settlement negotiations and appeals, as well as trials, if necessary a lawyer can ensure the most favorable outcome. They can assist you in getting an award that will change your life for your family’s requirements. Lawyers can also provide experts to support your claim. The legal team of Lipsitz Green will investigate the incident to determine what went wrong and fight for a fair amount of compensation.

Statute of Limitations

The medical profession has its own set of rules that must be adhered to during procedures. This includes the statute of limitations which specifies a deadline for filing lawsuits. This limitation is designed to ensure that claims are filed in the time evidence is available in physical form and the memories of witnesses are fresh. A lawsuit that is filed after the deadline for filing a lawsuit has passed will be dismissed even if it has a strong legal basis.

For victims of fairfield birth injury law firm injuries the statute of limitations may be especially important. A successful case can result in compensation for the victim’s present and future medical expenses as well as lost wages due to having to work in order to care for their child, and emotional distress. In some cases, the jury or judge may also award punitive damage to punish defendants who have shown an extreme lack of care.

A New York attorney who is adept at defending birth injuries should represent victims. They can investigate the incident and gather evidence, make an argument for negligence, and seek a settlement or go to trial if needed. In some instances, a defendant may try to dismiss a lawsuit by claiming that the statute of limitations has passed. A lawyer should be able quickly determine whether this is the case. If the matter involves a hospital that is public, which are operated by local government, state or federal authorities there could be separate and shorter time-limits may apply.

Expert Witnesses

In a medical malpractice case, expert witnesses help jurors and judges understand evidence and facts in the case. They may also provide expert or professional opinions and inferences that can help them make a decision. They are able to make this claim because their knowledge and expertise is more detailed and trustworthy than an average person or someone who has no medical education.

A lawyer may hire an expert witness to look over medical records, provide testimony, and aid the lawyer in preparing the case. The expert would then sign an affidavit, and testify in court regarding their findings. An expert could be an employee of the defendant’s hospital, health care system, or an individual who is not employed by the institution.

The expert’s opinion must reflect the current medical knowledge in the case at the time. The expert should not denounce or condone performance within the generally accepted standards of practice. Experts should be able to submit transcripts of depositions and courtroom testimony for peer review. They should not sign any contracts that state that the costs for expert testimony are excessively high in comparison to the time and efforts involved.

Parents who have a child who has suffered a serious birth injury can seek compensation for future care that their child will require in addition to any past costs they’ve already paid to provide care for the child. A lawyer who stands by his word can determine if negligence at play in the birth injury and secure compensation to ease the family’s financial burden.