Birth Injury Litigation
Birth injuries can cause serious disabilities and affect the quality of life for your child. Medical treatments can be expensive and long.
A good lawyer can start a lawsuit for birth injuries as well as investigate the incident, gather evidence, create a case for negligence and represent you during settlement negotiations or at trial if necessary.
Settlements
In 90% of medical malpractice lawsuits, the defendant and plaintiff reach an agreement prior to the case is tried. Both parties can avoid the costly and stressful court fees and receive compensation for the plaintiff. If a trial is not feasible, a jury determines whether the defendants are accountable to pay compensation and in what amount.
The first step toward receiving the financial compensation your child deserves for his birth injury is to prove that the doctor you hired to deliver your baby was in an professional relationship with you and [Redirect-302] violated this obligation during the birthing process. You can prove this using medical records and hospital invoices. Your lawyer will also have to establish that the breach was responsible for the injuries of your child.
Once you have this evidence the lawyer will then submit a demand form to the defendants' malpractice insurance carriers. The document contains a letter detailing your child's injuries, along with supporting documentation. The malpractice insurance company will look over the demand, and decide whether or not to accept it. If the demand is denied then your lawyer will file suit.
Your attorney may recommend that, in the case of a successful lawsuit to remedy birth injuries, a portion of the settlement or award is put into a special needs fund. This will enable your child to have access to future funds to fund things like medicine, physical therapy and home modifications.
Trials
In some cases lawyers will try to reach a deal to settle the issue without having to go to court. A settlement is a formal agreement that resolves a dispute and pays compensation to the plaintiff.
An attorney's team will gather evidence to show that medical professionals didn't meet a certain standard of care and triggered an injury. Lawyers for the defendants will also gather evidence to counter the claims. The attorneys will then meet with one the other to negotiate the amount of settlement. If a settlement isn't reached, the case will go to court.
The trial process can last for months or even years to be completed. Plaintiffs may be afflicted with pain, stress and risk as they relive the trauma of their child's birth. The winning side may receive a large settlement. The losing party can appeal the decision.
A athens birth injury lawyer injury lawyer with experience can make a significant difference in your case. A legal professional can ensure the best result at every step of the legal process, starting with the creation of the demand letter to filing the lawsuit and discovery, settlement negotiations and trial, and should it be necessary, appeals. They can help you obtain life-changing compensation for your family's requirements. A lawyer can also offer experts to back your claim. The legal team of Lipsitz Green will investigate the case to determine the cause and fight for [Redirect-302] a fair settlement.
Statute of limitations
Medical professionals have their own set of rules that they must follow when performing procedures. This includes the statute of limitations that imposes a deadline for filing lawsuits. This limit is meant to ensure that claims can be filed as long as evidence is still accessible and witnesses' memories remain fresh. A lawsuit that is filed after the deadline for filing a lawsuit has passed can be dismissed even when it has a solid legal basis.
For victims of birth injuries the statute of limitations is particularly important. A successful claim may provide compensation for future and current medical expenses and lost wages resulting from the absence of work to care for the child, and emotional distress. In certain cases the judge or jury will also award punitive damages intended to punish defendants for committing a serious negligence.
A New York attorney who is well-versed in birth injury claims should represent the victims. They can investigate the accident and gather evidence, make an argument for negligence and reach a settlement or go to trial if necessary. In certain instances the defendant may attempt to dismiss a lawsuit by asserting that the statute of limitations has run out. A lawyer can determine quickly when this is the case. If the situation involves a public hospital, which are operated by local, state or federal governments, separate and potentially much shorter statute of limitations may be in effect.
Expert Witnesses
Expert witnesses can assist juries and judges better understand the evidence and the facts of the medical malpractice case. They can also provide professional or specific opinions to assist jurors make a decision. They are permitted to do this because their knowledge and expertise is more specific and trustworthy than an average person or someone with no medical background.
A lawyer may hire an expert witness to review medical records, provide a testimony, and aid the lawyer in putting together the case. The expert would then be required to sign an affidavit as well as testify in court about their findings. An expert could be a hospital employee, health care provider at the defendant's facility or an outsider.
Expert testimony should reflect the current state of medical knowledge at the time of event in the case. The expert should not condemn or condone performance within the generally accepted guidelines of practice. Experts should be willing and able to submit transcripts of depositions and courtroom testimony to their peers for review. They should not sign any contracts where the fees for expert testimony are too high compared to their time and efforts involved.
Parents who have a child with a severe birth injury may be able to seek compensation for future care that the child will require, in addition to any past expenses they have already paid for the care of the child. An experienced lawyer can determine if negligence was the cause of the child's injury during Picayune birth injury attorney and obtain compensation that will alleviate the financial burden of the family.