Birth Injury Compensation: The Good The Bad And The Ugly

irving birth injury attorney Injury Litigation

Birth injuries can result in severe disabilities that can negatively impact the quality of life of your child. The medical treatment they require can be costly and take a long time.

A competent lawyer can start a lawsuit for birth injuries and investigate the incident to gather evidence, create a case for negligence and also represent you in settlement negotiations or at trial if necessary.

Settlements

In a majority of medical malpractice lawsuits the defendant and plaintiff reach a settlement prior to the case is heard. Both parties can avoid the costly and stressful court fees and receive compensation for the plaintiff. If the trial is not able to be concluded the jury will decide whether the defendants are liable to pay the plaintiff compensation and how much amount they have to pay.

The first step in obtaining the financial compensation your child deserves for his birth injury is to prove that the doctor you hired to deliver your baby had a an professional relationship with you and breached this obligation during the birthing procedure. This can be accomplished with medical records and hospital bills. Your lawyer must find evidence that the breach caused the injuries to your child.

Once you have the evidence, your lawyer will send a set of demands to the malpractice insurance companies of the defendants. This document includes a detailed letter describing your child's injuries along with any supporting documents. The malpractice insurance company will review the demand, injuries and take it or leave it. If the demand is denied, your lawyer will file a lawsuit.

If you are the victim of the outcome of a successful lawsuit for birth injuries your lawyer may suggest placing some of the settlement or award in a special needs trust. This will enable you to grant future funds to your child to cover things like physical therapy, medication, and home modifications.

Trials

In some instances, attorneys will try to come to an agreement on how to settle the issue before going to court. A settlement is an agreement that is formal and resolves a dispute and pays compensation to the plaintiff.

A team of attorneys will collect evidence to prove that medical professionals did not meet the highest standards of care and aggravated injuries. Lawyers for defendants also gather their own evidence in order to refute claims. The attorneys will then meet with each the other to negotiate the amount of settlement. If no settlement can be reached, then the case will go to court.

The trial process can take a long time to take to. Plaintiffs might feel pain, stress and anxiety as they try to relive their child's birth injury trauma. The winner may be awarded a substantial amount. The losing side can appeal the decision.

An experienced birth injury lawyer can make a huge difference in your case. Legal professionals can guarantee the best outcome through every step of the litigation process, from writing the demand letter to filing the lawsuit as well as settlement negotiations, discovery and trial, and should it be necessary, appeals. They can assist you in obtaining compensation that will alter 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 your case to determine the reason for the injury occurred and fight for fair compensation.

Statute of Limitations

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

The statute of limitations can be crucial for birth injuries. A successful claim may provide the compensation needed for future and ongoing medical costs loss of wages due to the inability to work to take care of the child, as well as emotional distress. In some cases the judge or jury will also award punitive damages to punish defendants for extreme inattention to detail.

The victims of birth injuries should have an New York attorney familiar with these types of claims. They can investigate the incident and gather evidence, create a case for negligence, and reach a settlement or go to trial if necessary. In some cases there is a possibility for a defendant to dismiss a lawsuit by claiming that the statute of limitations has run out. A lawyer should be able quickly determine whether this is the situation. If the matter involves a hospital that is public that is managed by local government, state or federal authorities the possibility of a separate and shorter statute of limitation periods may be in effect.

Expert Witnesses

Expert witnesses can assist juries and judges comprehend the evidence and the facts of the medical malpractice case. They can also provide expert or professional opinions and inferences to help them make the right decision. They are allowed to do this because their expertise is more reliable and precise than that of a layperson, or someone with no medical training.

Legal representatives can hire an expert witness to examine medical records, provide a testimony and help the lawyer in putting together the case. The expert would 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 an individual outside of the institution.

An expert's report should reflect the current state of medical knowledge at the time of incident in the case. Experts should not criticize or condone the performance of a physician within generally accepted standards of practice. Experts should be prepared and able to send transcripts from depositions or courtroom testimony to peers for review. They should not enter into contracts where the fees for their expert testimony are excessively expensive in comparison to the time and effort.

Parents of a child who suffered a serious birth trauma can seek damages to cover the future costs they'll be liable for their child's medical care and any past expenses that were paid for. A reliable attorney can determine if negligence was the cause of the child's injuries at birth and obtain compensation that will alleviate the financial burden of families.