Birth Injury Litigation

Birth injuries can cause serious disabilities that can impact the quality of life for your child. Medical treatments can be costly and long.

A reputable lawyer can bring a birth injury lawsuit, investigate the incident and collect evidence, make a case for negligence and assist you in settlement negotiations or at trial if needed.

Settlements

In the majority of medical malpractice lawsuits, the plaintiff and defendant negotiate an agreement before the case goes to trial. Both parties are able to avoid the high and stressful court costs and receive compensation for the plaintiff. If a trial is not possible, a jury decides whether the defendants are accountable to pay compensation and what amount.

The first step towards receiving the financial compensation you deserve for your child's lebanon birth injury attorney injury is to prove that the doctor you hired to deliver your baby had a an professional relationship with you and breached this obligation during the birthing procedure. You can prove this by using medical documents and hospital invoices. Your lawyer must find evidence that the breach led to the injuries to your child.

Once you have the evidence, your lawyer will then submit a list of demands to the malpractice insurance carriers of the defendants. The document will include a detailed letter that describes the injuries your child sustained along with supporting documents. The malpractice insurance company will look over the request and decide whether to accept it or reject it. If the demand is rejected your lawyer will file a lawsuit.

If you are the victim of a successful birth injury lawsuit, your attorney may recommend placing a portion of your settlement or award in a special trust for children with special needs. This will allow your child to access funds in the future for things such as medicine, physical therapy and home modifications.

Trials

In some instances lawyers will attempt to negotiate a settlement to resolve the matter without a court appearance. A settlement is an agreement formalized that resolves the matter and also provides compensation to the plaintiff.

A lawyer's team will collect evidence to show that medical professionals did not adhere to a high standard of care and caused injury. Lawyers representing the defendants will also gather their own evidence to disprove the claims. The attorneys will then meet with each other to negotiate the amount of settlement. If a settlement cannot be reached, then the case will be taken to court.

The trial process could take months or years to complete. It can be stressful, dangerous and painful for plaintiffs as they relive the trauma of their child's birth trauma. The winning party could be awarded a large verdict. The losing side can appeal the decision.

A birth injury lawyer with years of experience can make a big difference in your case. Legal professionals can guarantee the best result at every stage of the litigation process, from writing the demand letter to filing the lawsuit or discovery, negotiation of settlement and trial, and when necessary, appeals. They can assist you in getting the life-changing amount of compensation your family requirements. A lawyer can also offer a network of expert witnesses to back your claim. The legal team at Lipsitz Green will investigate your case to determine how the injury occurred and fight for fair compensation.

Statute of limitations

Medical professionals have their own set of rules that they must follow during procedures. This includes the statute of limitations, which imposes a time limit for filing lawsuits. This limitation is intended to ensure that claims are filed when 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 can be dismissed even the case has a solid legal basis.

For birth injury victims the statute of limitations may be especially important. A successful case could result in compensation for future and current medical costs loss of wages due to the inability to work in order to take care of the child, as well as emotional distress. In certain instances, the jury or judge may also award punitive damage to punish defendants who have displayed extreme negligence.

Victims of Red Bank Birth Injury Lawsuit injuries must have a New York attorney familiar with these kinds of claims. They can investigate the incident and gather evidence, create a case for negligence, and seek a settlement or go to trial if needed. In some cases, a defendant may try to dismiss a lawsuit claiming that the statute of limitation has run out. A lawyer will be able determine quickly whether this is the case. If the situation involves public hospitals which are operated either by state, local, or federal government the possibility of a separate, and shorter statute of limitations could be in place.

Expert Witnesses

In the event of a medical malpractice case experts can help jurors and judges understand 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 are permitted to make this claim because their knowledge and expertise is more precise and reliable than an average person or someone who has no medical training.

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

Expert testimony should reflect the current state of medical knowledge at the time of occurrence in the case. The expert should not denounce or condone the performance of a physician within generally accepted standards of practice. Experts should be prepared to provide transcripts of depositions and courtroom testimony to be reviewed by a peer. They should not be a part of contracts where the fees for expert testimony are too high in comparison to the time and effort.

Parents of a child who has suffered a serious hot springs birth injury attorney trauma may seek damages to cover the costs they'll incur for their child's medical care, as well as any previous expenses that may have been paid for. A determined attorney can determine whether negligence was the cause of the child's birth injury and secure compensation that can help ease the financial burden of a family.