Birth Injury Law Firms - Bcora.Com - Injury Litigation

Birth injuries can result in severe disabilities that could affect your child's quality of life. Medical treatments can be costly and can take a long time.

A reputable lawyer can bring a birth injury lawsuit, investigate the incident and gather evidence, present an argument for negligence and represent you in settlement negotiations or in court if necessary.

Settlements

In a majority of medical malpractice lawsuits the plaintiff and defendant reach a settlement prior to the case is even tried. This lets both parties avoid expensive and stressful court costs, and also provides the plaintiff with a guarantee of compensation. If a trial is not possible, a jury can decide whether the defendants are accountable to pay compensation and how much.

The first step toward receiving the financial compensation your child deserves for his birth injury is to prove that the doctor you hired to deliver your child had a a professional relationship with you and violated this obligation during the birthing process. You can prove this by using medical documents and hospital invoices. Your lawyer will have to gather proof that the breach led to your child's injuries.

If you have the evidence the lawyer will then submit an offer to the defendants' malpractice carriers. This document includes a written statement detailing the child's injuries as well as supporting documentation. The malpractice company will examine the request and either take it up or reject it. If the demand is rejected your lawyer will file suit.

If you are the victim of the outcome of a successful lawsuit for birth injury law firm injuries your lawyer may suggest placing some of the settlement or award in a special trust for children with disabilities. This will allow your child to use the funds to fund things like medicine and physical therapy as well as home modifications.

Trials

In some instances lawyers will attempt to reach a deal to settle the issue without a court appearance. A settlement is an agreement in writing that settles the matter and also provides compensation to the plaintiff.

A team of attorneys will collect evidence to prove that medical professionals failed to meet a high level of care and caused injury. Lawyers for defendants also gather evidence of their own to prove the assertions. The attorneys will then sit down with each the other to negotiate an amount for settlement. If a settlement cannot be reached, then the case will be taken to court.

The trial process may be lengthy or take 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 winner could receive a large settlement. The losing party can appeal the decision.

A skilled birth injury lawyer can make all the difference in your case. A lawyer can help you get the best possible result throughout the litigation process. From the creation of demand letters to filing the lawsuits or discovery, settlement negotiation or appeals, if necessary A legal professional will ensure the highest possible outcome. They can help you get compensation that can change your life, and the lives of your family. A lawyer can also provide a network of expert witnesses to prove your claim. The legal team at Lipsitz Green will investigate your claim to determine how the injury occurred and fight for fair compensation.

Statute of Limitations

The medical profession has its own set of rules to be adhered to when performing procedures. This includes the statute of limitations which establishes a deadline for filing lawsuits. This limitation is intended to ensure that claims are filed when evidence is still available and witnesses' memories are fresh. A lawsuit filed after the time limit has expired is dismissed even in the event that it has a solid legal basis.

The statute of limitations can be crucial for those suffering from birth injuries. A successful lawsuit could provide the compensation needed for future and ongoing medical expenses and lost wages resulting from the absence of work in order to care for the child, and emotional stress. In certain circumstances, a judge or jury could also award punitive damage to punish defendants for an extreme lack of care.

Victims of birth injuries should have a New York attorney familiar with these kinds of claims. They can investigate the accident and gather evidence, make an argument for negligence, and settle the case or go to trial if needed. In some cases the defendant might try to dismiss a suit claiming that the statute of limitations is over. A lawyer should be able to quickly determine if this is the situation. If the case involves a public hospital that is run by local, state or federal governments in a different and possibly shorter time-limits may apply.

Expert Witnesses

In the case of medical malpractice, expert witnesses help jurors and judges comprehend evidence and facts in the case. They can also provide professional or expert opinions to assist jurors make a decision. They can do this because their knowledge and expertise is more thorough and reputable than the average person or one who is not a medical professional.

A lawyer can engage an expert witness who will examine medical records, provide an opinion and help the lawyer in putting together the case. The expert witness would then sign an affidavit as well as testify in court regarding their findings. An expert could be an internal employee of the defendant's hospital, health care system, or an individual who is not employed by the institution.

Expert testimony should reflect the current state of medical knowledge at the time of incident. The expert should not condemn the performance that is within the generally accepted standards of practice or accept any performance that is not in the scope of those standards. Experts should be prepared and able submit transcripts of depositions and courtroom testimony to their peers to be reviewed. They should not sign contracts in which the fees for their expert testimony are disproportionately expensive in comparison to the time and effort involved.

Parents of children with a severe birth injury may claim damages for the future medical care their child will require, and also for past expenses they have already incurred to care for the child. A reliable attorney can determine if negligence caused the child's injuries at birth and obtain compensation that will alleviate the financial burden of a family.