Birth Injury Compensation: The Good The Bad And The Ugly

Birth Injury Litigation

Birth injuries can lead to serious disabilities and affect the quality of life for your child. The medical treatments they require can be expensive and lengthy.

A competent lawyer will file your birth injury lawsuit as well as investigate the incident, gather evidence, create the case for negligence, and represent you in settlement negotiations or in court should it be necessary.

Settlements

In the majority of medical malpractice lawsuits the plaintiff and defendant reach a settlement before the case is tried. Both parties can avoid expensive and stressful court fees and receive compensation for the plaintiff. If an agreement cannot be reached, a jury will decide whether the defendants owe plaintiff any compensation and the amount of money they should pay.

The first step to receive the financial compensation you deserve for your child's birth injury is to prove that the doctor you hired to deliver your child had a an official relationship with you and violated that obligation during the birthing procedure. This can be done by using medical records and hospital invoices. Your lawyer will need to collect evidence that the breach caused the injury to your child.

If you have evidence, your attorney will present a complete set of demands to the malpractice insurance carriers of the defendants. The document will include a letter detailing the injury suffered by your child together with the supporting documentation. The malpractice insurance company will review the request, and either decide whether or not to accept it. If the demand is rejected then your lawyer will file suit.

In the event of a successful birth injury lawsuit your lawyer may suggest placing the proceeds of your settlement or award into a special trust for children with disabilities. This will enable you to grant future funds to your child to cover things such as physical therapy, medicine and home modifications.

Trials

In some cases lawyers will try to negotiate a settlement to resolve the matter without going to court. Settlements provide financial compensation to a plaintiff and ends in an official agreement that resolves the matter.

An attorney's team will collect evidence to show that medical professionals didn't meet a high standard of care, causing an injury. Lawyers for defendants also gather their own evidence to prove the allegations. The attorneys will meet to discuss for a settlement. If a settlement isn't reached the case will go to trial.

The trial process can take months or even years to be completed. It can be stressful, dangerous and painful for plaintiffs, as they experience the trauma of their child's birth injuries. The winning party may receive a substantial amount. The losing side can appeal the decision.

A skilled lawyer for birth injuries can make all the difference in your case. A lawyer can help you get the best possible result throughout 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 A legal professional can ensure the most favorable outcome. They can help you receive compensation that will alter your life and the lives of your family members. A lawyer can provide you with a network of experts 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

Medical professionals have their own set of rules to follow when performing procedures. This includes the statute of limitations which imposes a time limit for Birth Injury Lawsuit filing lawsuits. This limit is intended to ensure that claims can be filed as long as evidence is still available and witnesses' memories remain fresh. A lawsuit that is filed after the deadline for filing a lawsuit has passed can be dismissed even in the event that it has a solid legal basis.

The time limit for filing a claim can be crucial for those suffering from birth injuries. A successful case could result in compensation for future and current medical expenses loss of wages due to the inability to work in order to care for the child, birth injury Lawsuit as well as emotional distress. In certain cases a judge or jury may also award punitive damages intended to punish defendants for extreme carelessness.

Victims of birth injuries should have a New York attorney familiar with these types of claims. They can investigate and gather evidence to prove a case of negligence, negotiate a settlement, or go to court when needed. In some instances there is a possibility that a defendant will attempt to dismiss a case by saying that the time limit has expired. A lawyer is able to determine whether this is the situation. If the matter involves public hospitals that are run by the state, local or federal governments in addition, a separate and shorter statute of limitations could be in place.

Expert Witnesses

In an instance of medical malpractice, expert witnesses help jurors and judges comprehend the evidence and the facts of the case. They may also offer expert or specialized opinions that help the jury to make a choice. They can offer this advice because their knowledge and expertise is more specific and reliable than an average person or someone who has no medical education.

A lawyer can engage an expert witness to review medical records, offer a testimony, and assist the lawyer in preparing the case. The expert witness would then sign an affidavit, and testify in court regarding their findings. An expert could be an internal employee of the defendant's hospital, health care system, or someone outside that institution.

The testimony of an expert should reflect the current state of medical knowledge at the time of event in the case. Experts should not rebuke any practice that is not in line with generally accepted practice standards or condone performance that is outside of those standards. Experts should be prepared to provide transcripts of depositions and courtroom testimony for peer review. They should not sign agreements in which the costs for their expert testimony are disproportionately high in relation to their time and effort involved.

Parents of a child who has suffered a severe birth trauma may seek damages to cover the costs they will incur for the care of their child and any previous expenses that have been paid for. A lawyer who is unwavering can determine if negligence was responsible for a child's birth injury attorney injury and obtain compensation to ease a family's financial burden.