How To Outsmart Your Boss On Birth Injury Compensation

Birth Injury Litigation

Birth injuries can cause serious disabilities that can impact the quality of life of your child. Medical treatments can be expensive and long.

A competent lawyer can file your birth injury lawsuit and investigate the incident to gather evidence, build the case for negligence, and assist you in settlement negotiations or in court if necessary.

Settlements

In a majority of medical malpractice cases, the plaintiff and defendant reach a settlement prior to the case goes to trial. Both parties will avoid high and stressful court costs and receive compensation for the plaintiff. In the event that an agreement cannot be reached, a jury will decide if the defendants owe the plaintiff compensation and how much the amount they are required to pay.

The first step to receiving financial compensation for birth injuries in your child is proving the doctor who delivered your baby had a professional relationship with you and that he acted in breach of this duty during the birthing process. You can prove this by using medical documents and hospital invoices. Your lawyer will also need to find evidence that shows the breach led to the injuries to your child.

If you have the evidence, your lawyer will submit a demand package to the defendants' malpractice insurance carriers. The document contains a letter detailing your child's injuries, and any supporting evidence. The malpractice insurer will review the request, and then either decide whether or not to accept it. If the demand is denied the lawyer will file a lawsuit.

If you are the victim of a successful birth injury lawsuit the attorney you consult with may recommend placing some of the settlement or award in a special trust for children with disabilities. This will enable your child to have access to future funds for things like medicines, physical therapy and home modifications.

Trials

In certain cases lawyers will attempt for a settlement in order to settle the issue without a court appearance. A settlement provides the plaintiff with financial compensation and results in an official agreement that ends the case.

A team of attorneys will gather evidence to demonstrate that medical professionals did not meet the standards of care and aggravated injuries. Lawyers for the defendants also collect evidence to refute the claims. The attorneys will meet to negotiate a settlement. If a settlement can't be reached, the case will go to trial.

The trial process could last for months or even years to take to. It can be stressful, dangerous and painful for plaintiffs, as they experience the trauma of their child's birth trauma. The winning party may receive an award of a significant amount. The losing party can appeal the decision.

A birth injury lawyer with years of experience can make a significant difference in your case. Legal professionals can guarantee the best possible outcome through each stage of the litigation process, from drafting the demand letter, to filing the lawsuit and discovery, settlement negotiations and trial, when necessary, appeals. They can help you obtain compensation that can change your life and the lives of your family. Lawyers can also provide a network of expert witnesses to back 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

The medical profession has its own set of rules to be followed when performing procedures. This includes the statute of limitations, which sets a deadline for filing lawsuits. This limitation is intended to ensure that claims are filed as long as evidence is available in physical form and witnesses' memories are fresh. Even if the suit has a solid legal foundation the case will be dismissed if it's filed after the statute has expired.

For victims of birth injuries the statute of limitations can be crucially important. A successful claim may provide compensation for future and current medical costs and lost wages resulting from the absence of work in order to care for the child, and emotional stress. In certain cases, the jury or judge may also award punitive damage to punish defendants who have displayed excessive negligence.

Birth injuries victims should have a New York attorney familiar with these kinds of claims. They can conduct an investigation and gather evidence to support a claim of negligence or negotiate a settlement or go to court when required. In certain instances, a defendant might attempt to dismiss a case by saying that the statute of limitations has run out. A lawyer will be able determine quickly if this is the situation. If the case involves public hospitals which are operated either by state, local, or federal government there is a separate and shorter time limit may apply.

Expert Witnesses

In an instance of medical malpractice, experts can help jurors and judges understand the evidence and facts in the case. They also offer specialized or professional opinions to help jurors to make a choice. They can do this because their knowledge and expertise is more specific and reputable than a layperson or someone who has no medical education.

A legal representative can retain an expert witness to examine medical records, provide an account and assist the lawyer to put together the case. The expert would then sign an affidavit, and testify in court regarding their findings. An expert can be a hospital employee, health care provider at the institution of the defendant or an outsider.

The expert's testimony should reflect the current state of medical knowledge at the time of the hearing. The expert should not condemn or condone the performance of a physician within generally accepted guidelines of practice. Experts should be prepared and able submit transcripts of depositions or courtroom testimony to their peers for review. They should not enter into agreements where the fees for their expert testimony are excessively high in relation to their time and effort involved.

Parents of children with a severe birth injury may seek damages for the future care that their child will require, and for any previous expenses they have already incurred for the care of the child. A determined attorney can determine if negligence was involved in the child's birth injury and seek compensation to help ease the financial burden of families.