Birth Injury Litigation

Birth injuries can lead to serious disabilities that can impact your child's quality of life. Medical treatments can be expensive and take a long time.

A competent lawyer will file your lawsuit for birth injury, investigate the incident, collect evidence, and present a case of negligence. They may assist you in settlement negotiations or in court if necessary.

Settlements

In over 90% of medical malpractice cases, the plaintiffs and defendants reach an agreement for settlement before going to trial. This helps both parties avoid expensive and stressful court costs, and provides the plaintiff with a guarantee of a fair settlement. If a trial isn't possible, a jury can decide whether the defendants have a duty to compensate the plaintiff and how much.

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 violated that duty during the birthing procedure. This can be done by using medical records and hospital invoices. Your lawyer will need to prove that the breach was responsible for the injury to your child.

If you have the evidence the lawyer will then submit an offer to the defendants' malpractice insurance carriers. This document contains a thorough letter that describes the injuries your child sustained along with supporting documents. The malpractice insurance company will review the demand, and decide whether or not to accept it. If the demand is denied your lawyer will file a lawsuit.

Your attorney may recommend that in the case that a lawsuit is successful for birth injury, a portion of the settlement or award is placed into a special needs fund. This will enable your child to use the funds to fund things like medicine, physical therapy and home modifications.

Trials

In some cases, attorneys will attempt to reach an agreement to settle the issue prior to going to court. A settlement offers financial compensation to a plaintiff and ends in an official agreement that resolves the case.

A lawyer's team will collect evidence to prove that medical experts didn't adhere to a strict standard of care and caused injury. Lawyers representing the defendants will collect evidence on their own in order to refute claims. The attorneys will then meet with one other to negotiate the amount of settlement. If a settlement cannot 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 relive the trauma of their child's birth trauma. The winning side may be awarded a substantial verdict. A party that loses the appeal can appeal the decision.

A birth injury lawyer who has experience can make a huge difference in your case. A lawyer can assist you to obtain the best outcome throughout the litigation process. From drafting the demand letters to filing lawsuits, discovery, settlement negotiation and appeals, as well as trials If necessary A legal professional will ensure the highest possible outcome. They can help you receive compensation that will transform your life, and the lives of your family members. A lawyer can also offer experts to prove your claim. The legal team of Lipsitz Green will investigate the case to determine the cause and fight for fair compensation.

Statute of limitations

Medical professionals have their own set of rules they must adhere to when performing procedures. This includes the statute of limitation which establishes a deadline for filing lawsuits. This limit is set to ensure that claims are filed while evidence in the physical remains and the memories of witnesses are fresh. A lawsuit filed after the deadline for filing a lawsuit has passed is dismissed even if it has a strong legal basis.

For streetsboro Birth injury law firm injury victims the statute of limitations is particularly important. A successful lawsuit could provide the right to compensation for future and present medical costs, lost wages from missing work to care for the child, and emotional stress. In some cases the judge or jury will also award punitive damages intended to penalize defendants who have committed a grave carelessness.

A New York attorney who is familiar with niles birth injury law firm injury claims is required to represent the victims. They can investigate and collect evidence to support a claim of negligence or negotiate a settlement or take the case to court if needed. In some cases there is a possibility for a defendant to dismiss a lawsuit claiming that the statute of limitation has expired. A lawyer will be able determine quickly whether this is the case. If the case involves public hospitals, that are run by the state, local or federal governments, a separate and possibly shorter time limit may apply.

Expert Witnesses

In the event of a medical malpractice case experts are able to help jurors and judges comprehend the evidence and the facts in the case. They can also provide professional or specific opinions to help jurors make a decision. They can do this because their experience and expertise is more thorough and reliable than the average person or one who is not a medical professional.

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

An expert's report should reflect the state of medical knowledge at the time of the incident in the case. The expert should not criticize the performance that is within generally accepted practices or allow for performance that is in violation of the standards. Experts should be willing and able submit transcripts of depositions or courtroom testimony to peers for review. They should not enter into agreements in which the costs for their expert testimony are unreasonably high relative to their time and effort.

Parents who have a child suffering from a severe birth injury may be able to seek compensation for future care that the child will require and also for past expenses they have already incurred for the care of the child. A determined lawyer can determine if negligence was the cause of the child's birth injury and obtain compensation that will reduce the financial burden for families.