What NOT To Do When It Comes To The Birth Injury Compensation Industry

birth injury law firm Injury Litigation

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

A competent lawyer will file your birth injury lawsuit and investigate the incident to gather evidence, present an argument for negligence and assist you in settlement negotiations or at trial should it be necessary.

Settlements

In more than 90 percent of medical malpractice cases, the plaintiffs and defendants reach an agreement for settlement prior to the case going to trial. Both parties can avoid high and stressful court costs and receive compensation for the plaintiff. If a trial is not feasible, a jury will decide whether the defendants have a duty to pay compensation and in what amount.

The first step towards receiving the financial compensation your child deserves for his birth injury is proving that the doctor you hired to deliver your baby had an official relationship with you and breached that duty during the birthing procedure. You can do this by using medical documents and hospital invoices. Your lawyer will also need to collect evidence that proves the breach caused your child's injuries.

Once you have this evidence, your lawyer will submit a demand package to the defendants' malpractice insurance carriers. This document includes a letter detailing the child's injuries as well as supporting documentation. The malpractice company will go through the request and either take it up or reject it. If the demand is denied then your lawyer will file a lawsuit.

If you are the victim of a successful birth injury lawsuit your lawyer may suggest placing a portion of your settlement or award into a special needs trust. This will enable you to provide future funds to your child to cover things like physical therapy, medicine and home modifications.

Trials

In some instances lawyers will try for a settlement in order to settle the issue without going to court. Settlements provide financial compensation to a plaintiff and results in an official agreement that resolves the case.

A team of attorneys will gather evidence to demonstrate that medical professionals did not adhere to the standards of care, causing injury. Lawyers representing the defendants will gather evidence of their own to prove the assertions. The attorneys will then meet one the other to negotiate the amount of settlement. If a settlement is not reached, the case will go to the court.

The trial process can take months or years to be completed. It can be stressful, risky and painful for plaintiffs as they go through the trauma of their child's birth injuries. The winning side could be awarded a huge verdict. A losing party may appeal the decision.

A birth injury lawyer with years of experience can make a big difference in your case. A lawyer can help you get the best possible result throughout the litigation process. From the writing of the demand letters to filing the lawsuits or discovery, settlement negotiation and appeals, as well as trials should they be required A legal professional can ensure the most favorable outcome. They can help you obtain life-changing compensation for your family's requirements. A lawyer can provide you with a experts to support your claim. The legal team at Lipsitz Green will investigate your case to determine the reason for the injury occurred and fight for fair compensation.

Statute of limitations

Medical professionals have their own set of rules they must adhere to when conducting procedures. This includes the statute of limitations that sets a time limit for filing lawsuits. This limitation is intended to ensure that claims are filed as long as evidence is available in physical form and the memories of witnesses are fresh. Even if a lawsuit has a solid legal basis it is dismissed if it is filed after the statute has expired.

The statute of limitations is crucial for birth injuries. A successful case can result in compensation for the victim's present and future medical expenses and lost wages resulting from having to work in order to care for their child, birth injury lawsuit and emotional stress. In certain instances, the jury or judge may also award punitive damage to punish defendants for excessive negligence.

A New York attorney who is familiar with birth injury claims is required to represent the victims. They can conduct an investigation and gather evidence to establish a case of negligence, negotiate a settlement, or even go to court if necessary. In certain instances the defendant could try to dismiss a case claiming that the statute of limitations has run out. A lawyer will be able to quickly determine if this is the situation. If the situation involves a public hospital that is managed by local government agencies, whether federal or state-based in a different and possibly shorter statute of limitations could be in effect.

Expert Witnesses

In a medical malpractice case, experts are able to help judges and juries understand the evidence and facts in the case. They can also offer expert opinions or conclusions to help them make the right decision. They can make this claim because their knowledge and expertise is more precise and reliable than that of the average person or one who has no medical education.

A legal representative may retain an expert witness to review medical records, offer a testimony, and assist the lawyer in putting together the case. The expert will sign an affidavit and then be able to testify in court. An expert could be an employee of the defendant's hospital or health care system, or a person outside of the institution.

An expert's report should reflect the state of medical knowledge at the time of event in the case. The expert should not condemn or accept the practice as a whole within generally accepted standards of practice. Experts should be willing and able to submit transcripts of depositions and courtroom testimony to their peers for review. They should not sign contracts where the fees for their expert testimony are inordinately high in relation to their time and effort involved.

Parents who have a child who has suffered a serious birth injury may seek compensation for future medical care the child will require in addition to any past costs they've already paid to provide care for the child. A lawyer who stands by his word will determine if negligence was involved in a child's birth injury and obtain compensation to ease the family's financial burden.