25 Unexpected Facts About Birth Injury Compensation

Birth Injury Litigation

Birth injuries can lead to serious disabilities that can affect your child's quality of life. Medical treatments can be costly and take a long time.

A competent lawyer can file your birth injury lawsuit as well as investigate the incident, collect evidence, make the case for negligence, and represent you during settlement negotiations or at trial should it be necessary.

Settlements

In more than 90% of medical malpractice cases, the plaintiffs and defendants sign an agreement for settlement prior to the case going to trial. Both parties will avoid costly and stressful court fees and receive compensation for the plaintiff. In the event that there is no trial, a jury will determine whether the defendants owe plaintiff any compensation and the amount of money they should pay.

The first step to receive financial compensation for a birth injury in your child is proving the doctor who delivered your child had a professional relationship with you, and that he breached this duty during the birthing procedure. This can be accomplished with medical documents and hospital bills. Your lawyer will also have to collect evidence that proves the breach led to your child's injuries.

If you have the evidence, your lawyer will submit an order package to plaintiffs' malpractice insurers. This document includes a written statement detailing your child's injuries, along with supporting documentation. The malpractice insurance company will look over the request and decide whether to take it or leave it. If the demand is rejected then your lawyer will file suit.

In the event of a successful birth injury lawsuit your lawyer may suggest placing some of the settlement or award in a special trust for children with special needs. This will permit your child to access future funds for things such as medicine and physical therapy as well as home modifications.

Trials

In certain instances, lawyers will try to reach a deal to resolve the matter without having to go to court. A settlement is an agreement in writing that settles a case and provides compensation to the plaintiff.

A team of attorneys will gather evidence to prove that medical professionals did not meet the standards of care, causing injury. Lawyers for defendants also gather their own evidence to disprove allegations. The attorneys will then meet one other to negotiate the amount of settlement. If a settlement isn't reached, the case will be taken to the court.

The trial process may take months or years to complete. It can be stressful, dangerous and painful for plaintiffs who have to relive the trauma of their child's birth injuries. The winning side may receive a large settlement. A losing party may appeal the decision.

A birth injury lawyer who has experience can make a huge difference in your case. A lawyer can assist you to get the best possible outcome throughout the litigation process. From the drafting of demand letters to filing the lawsuits or discovery, settlement negotiation and appeals, as well as trials, if necessary a lawyer will ensure the best possible outcome. They can assist you in obtaining an award that will change your life for your family's requirements. A lawyer can connect you to a experts to help you with 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

Medical professionals have their own set of rules that they must follow when conducting procedures. This includes the statute of limitations, that imposes a deadline for filing lawsuits. This limitation is intended to ensure that claims are filed as long as evidence is still available and the memories of witnesses are fresh. Even if the lawsuit is based on a solid legal foundation it is dismissed if it is filed after the statute of limitations has expired.

The statute of limitations can be important for victims of birth injuries. A successful case could result in the right to compensation for future and present medical costs loss of wages due to the inability to work to take care of the child, and emotional stress. In certain cases the judge or jury will also award punitive damages to punish defendants for committing a serious negligence.

The victims of birth injury lawsuits injuries should have an New York attorney familiar with these types of claims. They can investigate the incident and gather evidence, present an argument for negligence and reach a settlement or go to trial if needed. In certain instances, a defendant may try to dismiss a suit claiming that the statute of limitations has expired. A lawyer will be able quickly determine whether this is the case. If the matter involves public hospitals which are operated either by the state, local or federal governments in addition, a separate and shorter time limit could apply.

Expert Witnesses

In an instance of medical malpractice, expert witnesses help jurors and judges comprehend evidence and facts in the case. They are also able to provide specialized or professional opinions and inferences to assist them in making a decision. They are permitted to offer their opinions because their knowledge is more reliable and thorough than the knowledge of a layperson or someone without medical training.

Legal representatives can hire an expert witness to review medical records, offer a testimony, and aid the lawyer in preparing the case. The expert would sign an affidavit, and then be able to testify in the court. An expert could be an employee of a hospital or health care professional from the defendant's institution or an outsider.

Expert testimony should reflect the current state of medical knowledge at the time of occurrence in the case. The expert should not denigrate or condone performance within the generally accepted standards of practice. Experts should be willing and able to provide transcripts of depositions and courtroom testimony to their peers for review. They should not sign any contracts that state that the costs for expert testimony are excessively expensive in comparison to the time and effort.

Parents of a child who has suffered a serious birth trauma can seek damages to cover the cost they will incur to care for their child, as well as any expenses that were incurred. A lawyer who is committed can determine if negligence was responsible for a child's birth injury and obtain compensation to ease the family's financial burden.