Birth Injury Litigation

Birth injuries can lead to serious disabilities and can affect the quality of life for your child. Medical treatments can be expensive and take a long time.

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

Settlements

In over 90 percent of medical malpractice cases, plaintiffs and defendants come to an agreement for settlement before going to trial. Both parties are able to avoid the costly and stressful court fees and receive compensation for the plaintiff. If a trial isn't possible, a jury decides whether the defendants are accountable to compensate the plaintiff and how much.

The first step to receive the financial compensation your child deserves for his birth injury is proving that the doctor you hired to deliver your baby had a a professional relationship with you, and he violated that obligation during the birthing procedure. This can be accomplished using medical documents and hospital bills. Your lawyer will also have to gather evidence that the breach led to the injuries to your child.

If you have the evidence and your lawyer has it, they will send a demand form to the defendants' malpractice insurance carriers. This document contains a thorough letter that describes the injuries your child sustained and the supporting documents. The malpractice insurance company will review the request, and then either decide whether or not to accept it. If the demand is rejected the lawyer will bring a lawsuit.

Your lawyer could suggest that in the case of a successful lawsuit involving birth injury, a portion of the settlement or award be put into a special-needs fund. This will enable you to make future payments to your child for things such as medicine, physical therapy, and home modifications.

Trials

In certain cases, lawyers will try to negotiate a settlement to settle the issue without going to court. A settlement is an agreement that is formal and resolves a case and provides compensation to the plaintiff.

A team of attorneys will collect evidence to prove that medical professionals failed to meet the highest standards of care and caused injuries. Lawyers for the defendants also gather their own evidence to counter the claims. The attorneys will meet to negotiate the terms of a settlement. If a settlement cannot be reached, then the case will be taken to the court.

The trial process could take months, or years to complete. Plaintiffs may be afflicted with pain, stress and danger as they revisit the trauma of their child's birth. The winning party may receive an award of a significant amount. But, a party that loses can file an appeal of the decision.

A skilled lawyer for ocean city birth injury law firm injuries can make all the difference in your case. A legal professional can ensure the best outcome through every step of the litigation process, from the drafting of the demand letter to filing the lawsuit, discovery, settlement negotiations and trial, should it be necessary, appeals. They can assist you in getting life-changing compensation for your family's needs. A lawyer can connect you to a experts to help support your claim. The legal team at Lipsitz Green will investigate your case to determine the cause of the injury occurred 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 when evidence is still available and the memories of witnesses are fresh. A lawsuit filed after the time limit has expired will be dismissed even if it has a strong legal basis.

For victims of sylvania birth injury law firm injuries the statute of limitations is particularly important. A successful case can result in compensation for the victim's current and future medical expenses as well as lost wages due to being away from work to care for their child, and emotional stress. In certain circumstances, a judge or jury could also award punitive damages to punish defendants who have displayed excessive negligence.

The victims of battle creek birth injury lawyer injuries should have an New York attorney familiar with these kinds of claims. They can conduct investigations and gather evidence to establish a case of negligence, negotiate a settlement, or sylvania birth injury law firm go to court if required. In some cases there is a possibility for a defendant to dismiss a case claiming that the statute of limitations has run out. A lawyer is able to determine if this is the case. If the case involves a public health facility, which are operated by local government, state or federal authorities in a different and possibly shorter time-limits could be in effect.

Expert Witnesses

Expert witnesses can assist juries and judges better understand the evidence and the facts of a medical malpractice case. They can also provide specialized or professional opinions and inferences to help them make an informed decision. They are able to do this because their knowledge and expertise is more precise and trustworthy than a layperson or someone with no medical background.

A lawyer may hire an expert witness to look over medical records, offer a testimony, and assist the lawyer in putting together the case. The expert would then be required to 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 an individual who is not employed by the institution.

The testimony of an expert should reflect the state of medical knowledge at the time of the incident. The expert should not condemn performance that falls within generally accepted practices or accept any performance that is not in the scope of those standards. Experts should be willing to provide deposition transcripts and courtroom testimony for peer review. They should not sign any contracts where the fees for expert testimony are too high in comparison to the time and efforts involved.

Parents of a child who has suffered a serious birth trauma can seek damages to cover the future costs they'll have to pay to care for their child and any past expenses that were that they have incurred. A lawyer who is steadfast will determine if negligence at play in the birth injury, and then seek compensation to ease a family's financial burden.