The Most Prevalent Issues In Birth Injury Compensation > 문의하기

Birth Injury Litigation

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

A good lawyer can file your birth injury lawsuit and investigate the incident to gather evidence, build a case for negligence and assist you in settlement negotiations or at trial in the event of a trial.

Settlements

In 90% of medical malpractice lawsuits the defendant and plaintiff reach an agreement before the case is heard. This allows both parties to avoid expensive and stressful court fees, and it gives the plaintiff a guarantee of compensation. If a trial isn't feasible, a jury determines whether the defendants have a duty to compensate the plaintiff and how much.

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 child had a a professional relationship with you and violated that duty during the birthing procedure. This can be done with medical documents and hospital bills. Your lawyer will need to find evidence that the breach was responsible for the injury to your child.

If you have the evidence Your lawyer will then send a demand package to the defendants' malpractice companies. The document contains a letter detailing the child's injuries together with the supporting documentation. The malpractice insurance company will review the request, and then either decide whether to accept or deny it. If the demand is rejected, your lawyer will bring a lawsuit.

If you are the victim of a successful birth injury lawsuit your lawyer may suggest placing part of your settlement or award in a special trust for children with special needs. This will permit you to give future funds to your child to cover things like physical therapy, medicine, and home modifications.

Trials

In some cases, attorneys will try to come to an agreement on how to settle the matter before going to court. A settlement offers financial compensation to a plaintiff and is a formal agreement that ends the case.

A team of lawyers will collect evidence to prove that medical professionals did not adhere to the requirements for a high standard of care and aggravated injuries. Lawyers for defendants will also collect evidence on their own in order to refute claims. The attorneys will then sit down with each the other to negotiate a settlement amount. If no settlement can be reached the case will go to trial.

The trial process may last for months or even years to take to. Plaintiffs may feel pain, stress and even risk when they recall their child's birth injury attorney injury trauma. The winning party may receive a large award. A losing party may appeal the decision.

A birth injury lawyer who has experience can make all the difference in your case. A lawyer can assist you to get the best possible outcome at every stage of the litigation process. From the writing of the demand letters to filing lawsuits and discovery, settlement negotiations or appeals should they be required an attorney can ensure the most favorable outcome. They can help you obtain compensation that will alter your life and the lives of your family members. A lawyer can also help you establish a an expert witness network to back your claim. The legal team of Lipsitz Green will investigate the case to determine what happened and fight for a fair amount of compensation.

Statute of Limitations

The medical profession has its own set of rules to be followed during procedures. This includes the statute of limitation that sets a time limit for filing lawsuits. This limit is meant to ensure that claims can be filed as long as evidence is still accessible and witnesses' memories are still fresh. Even if the lawsuit has a solid legal basis, it will be dismissed if it's filed after the statute of limitations has expired.

For birth injury law firm injury victims the statute of limitations may be especially important. A successful lawsuit can offer compensation for the victim's present and future medical expenses, lost wages due to having to work in order to care for their child, and emotional anxiety. In certain cases, a jury or judge may also award punitive damages intended to punish defendants for extreme negligence.

A New York attorney who is experienced in birth injury claims should represent victims. They can investigate the incident, gather evidence, make an argument for negligence, and reach a settlement or go to trial if needed. In certain situations an accused party may try to dismiss a lawsuit asserting that the statute of limitations has expired. A lawyer will be able to swiftly determine whether this is the case. If the case involves a public health facility that is run by local, state or federal governments in a different and possibly shorter time limits for statute of limitations may apply.

Expert Witnesses

In the case of medical malpractice, experts can help judges and juries understand evidence and facts in the case. They can also offer specialized or professional opinions and inferences to assist them in making an informed decision. They can do this because their experience and expertise is more precise and reliable than an average person or someone with no medical background.

A legal representative may retain an expert witness to look over medical records, give a testimony, and assist the lawyer in preparing the case. The expert would then be required to sign an affidavit, and testify in court about their findings. An expert could be an internal employee of the defendant's hospital or health care system, or an individual outside that institution.

An expert's report should reflect the current state of medical knowledge at the time of the event in the case. The expert should not condemn performance that falls within generally accepted practice standards or allow for performance that is in violation of the standards. Experts should be willing to provide 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 of a child who suffered a serious birth trauma can seek damages to pay for the future expenses they'll have to pay to care for their child, as well as any previous expenses that may were caused. A determined attorney can determine if negligence caused the child's injury at birth and obtain compensation that will help ease the financial burden of a family.