Birth Injury Litigation

Birth injuries can lead to serious disabilities that can impact the quality of life of your child. Medical treatments can be costly and take a long time.

A good lawyer will file a lawsuit for birth injuries, investigate the incident, gather evidence, and then make the case of negligence. They may represent you in settlement negotiations or in court, if required.

Settlements

In more than 90% of medical malpractice cases, plaintiffs and defendants sign 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 the trial is not able to be concluded, a jury will decide if the defendants owe the plaintiff any compensation and the amount of they must pay.

The first step to receiving financial compensation for birth injuries for your child is to establish that the doctor who gave fullerton birth injury law firm to your child had a professional relationship with you, and that he breached this obligation during the birthing process. This can be done by using medical documents and hospital invoices. Your lawyer will have to find evidence that the breach caused your child's injuries.

Once you have the evidence, your attorney will present a complete set of demands to the malpractice insurance companies of the defendants. This document includes a letter detailing your child's injuries, and any supporting evidence. The malpractice insurance company will look over the request and decide whether to accept or deny it. If the demand is rejected then your lawyer will make a claim.

In the event of a successful birth injury lawsuit, your attorney may recommend placing a portion of your settlement or award into a special trust for children with disabilities. This will enable you to make future payments to your child to cover things like physical therapy, medicine and 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 an amount of money to the plaintiff and leads to an official agreement that resolves the matter.

An attorney's team will seek evidence to prove that medical professionals didn't meet a certain standard of care and caused an injury. Lawyers for defendants also gather their own evidence to counter claims. The attorneys will then sit down with each other to negotiate an amount for settlement. If a settlement cannot be reached then the case will go to trial.

The trial process can take months or even years to complete. It can be a stressful, risky and painful for plaintiffs as they relive the trauma of their child's birth trauma. The winner could be awarded a substantial verdict. A losing party may appeal the decision.

An experienced birth injury lawyer can make a huge difference in your case. A lawyer can guarantee the best outcome through every step of the litigation process, from the drafting of the demand letter, to filing the lawsuit, discovery, settlement negotiations and trial or, if needed, appeals. They can help you obtain an award that will change your life for your family's needs. A lawyer can help you establish a an expert network to support your claim. The legal team at Lipsitz Green will investigate your case to determine the cause of the injury occurred and fight for fair compensation.

Statute of limitations

The medical profession has its own set of rules to be adhered to in all procedures. This includes the statute of limitation, which sets a deadline for filing lawsuits. This limit is meant to ensure that claims can be filed while evidence is still available and witnesses' memories are fresh. Even if the lawsuit has an established legal foundation it will be dismissed if it's filed after the statute has expired.

For victims of birth injuries, the statute of limitations can be crucially important. A successful claim could award compensation for birth injury lawyer future and current medical expenses loss of wages due to the inability to work in order to take care of the child, as well as emotional distress. In certain cases, the juror or judge could also award punitive damage to punish defendants who have displayed the most reckless of negligence.

Victims of birth injuries must have an New York attorney familiar with these types of claims. They can investigate the accident and gather evidence, present a case for negligence and settle the case or go to trial if necessary. In some instances there is a possibility that a defendant will attempt to dismiss a suit by claiming that the time limit has expired. A lawyer will be able determine quickly when this is the case. If the situation involves a public hospital that is run by local or federal government there could be separate and shorter time-limits could apply.

Expert Witnesses

Expert witnesses can help juries and judges understand the evidence and facts of a medical malpractice case. They also offer professional or expert opinions to help jurors to make a decision. They can offer this advice because their knowledge and expertise is more detailed and reliable than that of a layperson or someone who has no medical education.

A legal representative can retain an expert witness to review medical records, give a testimony and help the lawyer in putting together the case. The expert would then sign an affidavit as well as testify in court about their findings. An expert can be a hospital employee, health care professional at the defendant's facility, or an outsider.

The testimony of an expert should reflect the current state of medical knowledge at the time of the occurrence in the case. The expert should not criticize the performance that is within generally accepted practices or condone performance that is outside of the standards. Experts should be prepared and able to provide transcripts from depositions or courtroom testimony to peers for review. They should not enter into agreements in which the costs for their expert testimony are disproportionately high in relation to the time and effort.

Parents of a child who has suffered a serious birth trauma can seek damages to cover the cost they'll be liable for the care of their child and any previous expenses that may have been paid for. A lawyer who is unwavering can determine if negligence involved in a child's birth injury and seek compensation to ease the family's financial burden.