Birth Injury Litigation

Birth injuries can cause severe disabilities that could affect your child's quality of living. Medical treatments can be expensive and long.

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

Settlements

In the majority of medical malpractice lawsuits the plaintiff and defendant negotiate an agreement prior to the case goes to trial. This helps both parties avoid expensive and stressful court costs, and also gives the plaintiff a promise of compensation. If a trial is not possible, a jury can decide whether the defendants have a duty to compensate the plaintiff and how much.

The first step to receive the financial compensation you deserve for your child's Darby birth injury attorney injury is to prove that the doctor you hired to deliver your child had a a professional relationship with you and breached this obligation during the birthing procedure. This can be accomplished using medical documents and hospital bills. Your lawyer will have to collect evidence that the breach caused the injury to your child.

If you have the evidence Your lawyer will then send an order package to defendants' malpractice carriers. The document will include a detailed letter that describes the injuries your child sustained along with any 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 bring a lawsuit.

Your lawyer might suggest that in the case of a successful lawsuit for birth injuries, a portion of the settlement or award be put into a special needs fund. This will enable you to provide future funds to your child to cover things like medicine, physical therapy, and home modifications.

Trials

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

A lawyer's team will collect evidence to prove medical professionals didn't meet a high standard of care, causing an injury. Lawyers for the defendants also collect evidence to disprove the claims. The attorneys will meet to discuss for a settlement. If a settlement isn't reached, then the case will go to court.

The trial process can take a long time to complete. It can be stressful, dangerous and painful for plaintiffs as they relive the trauma of their child's birth injuries. The winning party could win an award of a significant amount. The losing side may appeal the decision.

A skilled birth injury lawyer can make all the difference in your case. A legal professional can ensure the best outcome at every stage of the legal process, starting with the creation of the demand letter to filing the lawsuit or discovery, negotiation of settlement and trial, or should it be necessary, appeals. They can assist you in obtaining compensation that can change your life, and the lives of your family. A lawyer can help you establish a a network of experts to back your claim. The legal team at Lipsitz Green will investigate the case to determine the cause and fight for reasonable amount of compensation.

Statute of Limitations

The medical profession has its own set of rules that must be adhered to during procedures. This includes the statute of limitations which sets a deadline 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. Even if a lawsuit has a solid legal foundation, it will be dismissed if filed after the statute of limitations has expired.

For birth injury victims the statute of limitation can be crucially important. A successful case can result in compensation for the victim's present and future medical expenses or lost wages as a result of having to work in order to care for their child, and emotional stress. In certain instances, the judge or jury may also award punitive damage to punish defendants for an extreme lack of care.

A New York attorney who is experienced in ammon birth injury lawyer injury claims should represent victims. They can investigate and gather evidence to support a claim of negligence, negotiate a settlement, or take the case to court if necessary. In certain instances, a defendant might attempt to dismiss a lawsuit claiming that the statute of limitations has expired. A lawyer will be able to quickly determine if this is the situation. If the matter involves a hospital that is public that is managed by local government agencies, whether federal or state-based, separate and potentially much shorter time limits for statute of limitations could be in effect.

Expert Witnesses

In a medical malpractice case, experts are able to help jurors and judges to understand evidence and facts in the case. They are also able to provide expert or specialized opinions and inferences that can help them make a decision. They are permitted to do this because their experience and expertise is more thorough and reliable than that of a layperson or someone with no medical background.

Legal representatives can enlist an expert witness who will review medical records, give an opinion and help the lawyer in putting together the case. The expert will then sign an affidavit, and testify in court regarding their findings. An expert could be an employee of the defendant's hospital, health care system, or someone outside that institution.

The expert's opinion must reflect the current medical knowledge in the case at the time. Experts should not denounce performance that falls within generally accepted practice standards or accept any performance that is not in the scope of those standards. Experts should be willing and able to provide transcripts from depositions or courtroom testimony to their peers to be reviewed. They should not be a part of contracts that state that the costs for expert testimony are excessively expensive compared to the time and effort.

Parents who have a child who suffers a serious monticello birth injury attorney injury may claim damages for the future care that their child will require, and for any previous expenses that they have already paid to care for the child. A lawyer who stands by his word will determine if negligence the cause of a child's birth injury and secure compensation to ease a family's financial burden.