20 Trailblazers Lead The Way In Birth Injury Compensation

Birth Injury Litigation

Birth injuries can lead to serious disabilities and can affect the quality of life of your child. The medical treatments that they require can be costly and time-consuming.

A good lawyer can file your birth injury lawsuit to investigate the incident, collect evidence, make an argument for negligence and assist you in settlement negotiations or in court in the event of a trial.

Settlements

In over 90% of medical malpractice cases, plaintiffs and defendants sign an agreement to settle the case before going to trial. This lets both parties avoid costly and stressful court costs, and also provides the plaintiff with a guarantee of compensation. If an agreement cannot be reached the jury will decide whether the defendants are liable to pay the plaintiff any compensation and the amount of 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 baby was in an official relationship with you and breached this obligation during the birthing process. You can prove this using medical records and hospital invoices. Your lawyer must gather proof that the breach led to the injury to your child.

If you have the evidence and your lawyer has it, they will send an offer to the plaintiffs' malpractice insurers. The document will include a detailed letter describing your child's injuries and the 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 then your lawyer will make a claim.

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

Trials

In certain instances lawyers may try for a settlement in order to resolve the matter without having to go to court. Settlements provide financial compensation to a plaintiff and leads to an official agreement that settles the matter.

An attorney's team will seek evidence to prove that medical professionals didn't meet a high standard of care, causing an injury. The lawyers representing the defendants will also gather evidence to disprove the claims. The attorneys will meet to discuss for a settlement. If a settlement cannot be reached, then the case will go to court.

The trial process can take months or even years to complete. Plaintiffs may feel pain, stress and risk as they relive the trauma of their child's birth. The winner could be awarded a substantial verdict. However, a losing party may appeal the decision.

A birth injury lawyer with years of experience can make a significant difference in your case. A lawyer can guarantee the best outcome at every step of the litigation process, from drafting the demand letter, to filing the lawsuit as well as settlement negotiations, discovery and trial or, when necessary, appeals. They can help you receive compensation that will transform your life and the lives of your family. Lawyers can also provide an expert witness network to back your claim. The legal team at Lipsitz Green will investigate the incident to determine what went wrong and fight for a fair compensation.

Statute of Limitations

Medical professionals have their own set of rules to follow when conducting procedures. This includes the statute of limitations, which sets a deadline 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 fresh. A lawsuit that is filed after the deadline for filing a lawsuit has passed will be dismissed even the case has a solid legal basis.

The time limit for filing a claim can be crucial for those suffering from birth injuries. A successful claim could award the compensation needed for future and ongoing medical costs loss of wages due to the inability to work to care for the child, and emotional stress. In some cases, the jury or judge may also award punitive damages to punish defendants who have displayed the most reckless of negligence.

A New York attorney who is adept at defending birth injuries should represent victims. They can investigate and collect evidence to support a claim of negligence or negotiate a settlement or go to court if required. In some instances there is a possibility that a defendant will attempt to dismiss a lawsuit claiming that the statute of limitations has run out. A lawyer can quickly determine whether this is the case. If the case involves public hospitals, that are run by state, local, or federal authorities in addition, a separate and shorter statute of limitations could apply.

Expert Witnesses

Expert witnesses can help juries and judges to understand the evidence and the facts of the medical malpractice case. They can also provide specialized or professional opinions to help the jury make a decision. They are allowed to make this claim because their knowledge and expertise is more detailed and reliable than the average person or one who is not a medical professional.

A lawyer can engage an expert witness to review medical records, offer a testimony, and assist the lawyer in putting together the case. The expert would then sign an affidavit and testify in court regarding their findings. An expert can be a hospital employee or health care professional from the defendant's establishment or an outsider.

The expert's opinion must reflect the current medical knowledge in the case at the time. Experts should not rebuke actions that fall within generally accepted practices or allow for performance that is in violation of those standards. Experts should be prepared and able to send transcripts of depositions and 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 suffered a serious birth trauma may seek damages to cover the costs they will incur for the care of their child and any previous expenses that were that they have incurred. A determined lawyer can determine if negligence was the cause of the child's injury at birth and secure compensation that can ease the financial burden on the family.