Birth Injury Litigation

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

A good lawyer will file your lawsuit for Lighthouse point birth injury Attorney injury, investigate the incident, gather evidence, and then make a case of negligence. They can represent you in settlement negotiations or in court if necessary.

Settlements

In 90% of medical malpractice lawsuits the plaintiff and defendant agree to a settlement prior to the case goes to trial. Both parties can avoid the high and stressful court costs and receive compensation for the plaintiff. If a trial cannot be reached, a jury will determine whether the defendants owe plaintiff compensation and how much the amount they are required to pay.

The first step towards receiving financial compensation for your child's birth injury is proving that the doctor you hired to deliver your child had a an professional relationship with you and breached that obligation during the birthing procedure. This can be accomplished through medical records and hospital bills. Your lawyer will also need to establish that the breach was responsible for your child's injuries.

If you have the evidence, your lawyer will submit an offer to the defendants' malpractice companies. This document includes a letter detailing the child's injuries and any supporting evidence. The malpractice insurer will examine the request and decide whether to decide whether to accept or deny it. If the demand is rejected the lawyer will file suit.

Your attorney may recommend that, in the event of a successful lawsuit for birth injury, a part of the settlement or award be put into a special-needs fund. This will enable you to give future funds to your child to cover things like physical therapy, medicine and home modifications.

Trials

In some cases, attorneys may try to reach an agreement to settle the matter before going to court. Settlements offer financial compensation to a plaintiff and leads to an official agreement that ends the case.

An attorney's team will collect evidence to prove that medical professionals didn't meet a certain standard of care, causing an injury. Lawyers for the defendants also collect evidence to disprove the claims. The attorneys will then meet with each other to discuss a settlement amount. If a settlement can't be reached the case will be sent to trial.

The trial process could take months or years to complete. It can be a stressful, risky and painful for plaintiffs, as they experience the trauma of their child's birth injuries. The winner could receive a substantial amount. But, a party that loses can appeal the decision.

A knowledgeable slaton birth injury lawsuit injury lawyer can make a huge difference in your case. A lawyer can assist you to obtain the best outcome at every stage of the litigation process. From drafting the demand letters, to filing the lawsuits, discovery, settlement negotiation and appeals, as well as trials should they be required an attorney can ensure the most favorable outcome. They can help you get compensation that will alter your life and the lives of your family members. A lawyer can provide you with an expert network to help support your claim. The legal team at Lipsitz Green will investigate your claim to determine how the injury occurred and fight for fair compensation.

Statute of Limitations

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

For victims of birth injuries the statute of limitation could be particularly crucial. A successful claim may provide compensation for future and current medical expenses loss of wages due to the inability to work to care for the child, as well as emotional anxiety. In certain cases a judge or jury will also award punitive damages to penalize defendants who have committed a grave carelessness.

Birth injuries victims should have an New York attorney familiar with these kinds of claims. They can investigate the accident and collect evidence, build a case for negligence and negotiate a settlement or go to trial if needed. In certain situations, a defendant might attempt to dismiss a lawsuit by saying that the statute of limitations has run out. A lawyer will be able to swiftly determine if this is the case. If the situation involves a public hospital, which are operated by local government agencies, whether federal or state-based, separate and potentially much shorter time-limits may apply.

Expert Witnesses

Expert witnesses can assist juries and judges to understand the evidence and facts of a medical malpractice case. They also offer professional or specific opinions to help the jury to make a decision. They are able to offer their opinions because their expertise is more reliable and precise than that of a layperson or someone without medical training.

Legal representatives can hire an expert witness to review medical records, provide testimony, and assist the lawyer in preparing the case. The expert would sign an affidavit, and then testify in the court. An expert could be an employee of the defendant's hospital or health care system, or an individual outside of the institution.

The expert's testimony should reflect the current state of medical knowledge available at the time of the hearing. The expert should not criticize the performance that is within generally accepted practice standards, nor should they condone performance that is outside of the standards. Experts should be able 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 expensive in comparison to the time and effort.

Parents who have a child who suffers a serious birth injury may seek compensation for future care that the child will require, in addition to any past expenses that they have already paid to care for the child. A lawyer who stands by his word can determine if negligence was involved in a child's birth injury, and then seek compensation to ease a family's financial burden.