What A Weekly Birth Injury Claim Project Can Change Your Life
Birth Injury Legal Help
Families face huge financial costs when a child is born with an medically-caused injury or illness. An attorney for birth injuries can assist in obtaining compensation that will cover costs and enhance a child's quality of life.
Families must prove four elements to win a lawsuit claiming birth injuries:
Statute of Limitations
Whatever the manner in which the injury occurred, it's essential to seek legal advice whenever you suspect medical negligence. This will ensure that your claim is filed within the state's statute of limitations, and you have time to construct a solid case and recover an appropriate amount of compensation.
In general, a plaintiff has two and a half (2-1/2) years to file a medical negligence lawsuit starting from the date of the occurrence of negligence. New York law extends the time limit to 10 years for cases brought by a child in the event that they have not yet reached the age of 18.
In order to win a lawsuit for birth injuries, you need to prove that the defendant breached their duty to you and caused the injury to your child. The causation is established through expert testimony and documents that show the best practices that are accepted by the medical community.
Your attorney will investigate and gather the relevant evidence in your case including medical records and tests results from both you and your child. They will then determine potential defendants and request the required documents from their insurance companies. Once complete, they will send a demand letter to the parties at fault for damages in cash. If they do not agree to negotiate with you, your lawyer will bring suit in the court. A lawsuit is usually settled through a trial during which each side is required to present its evidence and arguments in front of a judge and jury.
Medical Experts
A birth injury can have devastating effects on the child and his family. It is important to seek legal advice as soon as possible. The lawyer will then be able to construct an effective case based on medical records and doctor depositions. Attorneys can also engage an expert medical professional to look over the case and offer an opinion. This is a crucial aspect in any medical malpractice claim.
Birth injuries can be difficult to prove because symptoms may not show up until later. Parents may not notice birth injuries until their child has failed to meet milestones in development, or when their pediatrician has stated that their child has intellectual and physical limitations. A potential injury could be indicated by indications such as admission to the NICU or the need for a CT or MRI scan after birth.
Causation is another crucial element in a successful lawsuit for birth injuries. You must show that the breach of duty by the defendant caused the injury to your child. If the doctor hadn't committed the breach of duty, your child would not have sustained an injury.
Most medical malpractice cases that involve birth injury law firms injury and birth injuries, are settled outside of court. In a settlement agreement, the parties must reach an agreement on a dollar amount to settle the matter. The amount must reflect past and future damages. Your lawyer will collaborate with financial and medical experts to determine a suitable amount.
Defendants
A successful birth injury lawyer injury lawsuit will require the medical professional to prove that they has violated their duty of care. This is usually accomplished by obtaining a medical expert witness' opinion. The medical expert will review the evidence of your case, including depositions of the doctors involved in your case as well as any medical documents. The expert will determine whether your doctor's actions were conformity with the standard of care for professionals with similar training and expertise under the circumstances.
A lawyer can also employ financial experts to assess your losses and estimate reasonable damages that include the past, present and future expenses. Your lawyer will discuss with the hospital or physician's malpractice company and make a claim if needed to obtain the maximum amount of compensation for your child's injuries.
Contrary to most lawsuits, birth injuries cases are usually settled. Settlements occur when all parties agree to a set amount of money, and legal action ceases. If you are unable to reach a settlement in your case, you may be brought to court where a judge and jury will decide on the outcome.
A birth injury could have lasting effects on your child or your family. It is crucial to cooperate with an attorney for birth injuries who has experience in handling these claims.
Settlement
Your attorney should be working to get a fair settlement for your family. It will depend on the injuries your child has suffered and the demands that result. For example, a severe birth injury could mean years of care, often throughout the day. Your lawyer will consult medical and medical experts to determine the total cost of this care, and make an appropriate claim.
In many instances the malpractice insurance policy of a medical facility or hospital will offer the possibility of settling a case without litigation. In these cases your lawyer will present a demand form that includes a full description of the facts surrounding your case, along with a proposed dollar amount to settle it. The insurance company will review your information and respond by counter-offering. Your lawyer will negotiate an acceptable settlement with the insurance company.
If a settlement can't be agreed upon, your attorney may bring a medical malpractice suit in the county in which the injury occurred. Depending on the circumstances, you may identify as defendants your doctor and any other doctors or hospitals involved in the birth of your child and the injury. After the lawsuit is filed the attorney can get additional information via a process called discovery, that includes depositions, as well as sworn testimony from witnesses. This evidence will be used to support your legal arguments.