20 Myths About Birth Injury Compensation: Dispelled

Birth Injury Litigation

Birth injuries can cause severe disabilities that could affect the quality of life of your child. The medical treatments that they require can be costly and take a long time.

A competent lawyer can make a birth injury lawsuit to investigate the incident, gather evidence, create a case for negligence and represent you in settlement negotiations or in court in the event of a trial.

Settlements

In over 90 percent of medical malpractice cases, the plaintiffs and defendants sign an agreement to settle the case before the case goes to trial. Both parties will avoid expensive and stressful court fees and receive compensation for the plaintiff. In the event that an agreement cannot be reached the jury will decide whether the defendants owe the plaintiff any compensation and the amount of money they should pay.

The first step to receive financial compensation for birth injury law firm injuries in your child is to prove the doctor who delivered your baby had a professional relationship with you, and that he violated this obligation during the birthing process. This can be accomplished using medical documents and hospital bills. Your lawyer must collect evidence that the breach was responsible for the injuries to your child.

Once you have the evidence, your lawyer will submit a package of demands to the malpractice insurers of the defendants. The demand package will contain a comprehensive letter that describes the injuries your child sustained along with any supporting documents. The malpractice insurance company will review the request, and either decide whether or not to accept it. If the demand is rejected by your lawyer, they will make a claim.

Your lawyer could suggest that in the event of a successful lawsuit involving birth injuries, a percentage of the settlement or award is put into a special-needs fund. This will enable you to grant future funds to your child for things like medicine, physical therapy, and home modifications.

Trials

In certain cases, lawyers will try to negotiate a settlement to settle the issue without having to go to court. A settlement is an agreement that is formal and resolves the case and offers compensation to the plaintiff.

An attorney's team will seek evidence to prove medical professionals didn't meet a high standard of care, causing an injury. Lawyers for the defendants will also collect evidence to counter the claims. The attorneys will then meet with one the other to negotiate an amount for settlement. If no settlement can be reached the case will go to trial.

The trial process can take months or years to be completed. Plaintiffs can suffer from pain, stress and even risk when they recall the trauma of their child's birth. The winning party could receive a large settlement. A losing party could appeal the decision.

A birth injury lawyer with experience can make a big difference in your case. A lawyer can guarantee the best result at every step of the litigation process, from writing the demand letter to filing the lawsuit or discovery, negotiation of settlement and trial or, when necessary, appeals. They can help you receive compensation that can change your life and the lives of your family members. A lawyer can also offer experts to support 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 during procedures. This includes the statute of limitations which establishes a deadline for filing lawsuits. This limit is intended to ensure that claims can be filed while evidence is still available and witnesses' memories remain fresh. Even if the lawsuit has an established legal foundation it will be dismissed if filed after the statute of limitations has expired.

The statute of limitations is crucial for birth injuries. A successful claim could result in compensation for the victim's current and future medical expenses and lost wages resulting from being away from work to care for their child, as well as emotional distress. In some cases, the juror or judge could also award punitive damages to punish defendants for an extreme lack of care.

A New York attorney who is familiar with birth injury claims is required to represent the victims. They can investigate and collect evidence to establish a case of negligence, negotiate a settlement, or go to court if required. In certain instances the defendant might try to dismiss a case claiming that the statute of limitation is over. A lawyer will be able determine quickly when this is the case. If the matter involves a hospital that is public that is run by local, state or federal governments the possibility of a separate and shorter statute of limitations could be in effect.

Expert Witnesses

In a medical malpractice case, expert witnesses help jurors and judges comprehend evidence and facts in the case. They can also offer expert or specialized opinions to help jurors to make a decision. They are able to offer this advice because their knowledge and expertise is more specific and trustworthy than the average person or one who has no medical training.

A lawyer can engage an expert witness to review medical records, give a testimony and help the lawyer in putting together the case. The expert witness would then sign an affidavit and testify in court about their findings. An expert can be an employee of a hospital or health care professional from the defendant's establishment or an outsider.

The expert's opinion must reflect the current state of medical knowledge in the case at the time of the hearing. The expert should not criticize actions that fall within generally accepted practices or allow for performance that is in violation of the standards. Experts should be prepared to provide deposition transcripts as well as courtroom testimony for peer review. They should not be a part of contracts that state that the costs for expert testimony are too expensive in comparison to the time and effort.

Parents of children suffering from a severe birth injury may seek compensation for the future care that the child will require, and for injuries any previous expenses they have already incurred to provide care for the child. A determined attorney can determine whether negligence was the cause of the child's injuries at birth and secure compensation that can reduce the financial burden for families.