Kosciusko Birth Injury Attorney Injury Litigation

Birth injuries can lead to serious disabilities that can impact the quality of life of your child. Medical treatments can be costly and long.

A reputable lawyer can make a birth injury lawsuit as well as investigate the incident, collect evidence, make a case for negligence and represent you during settlement negotiations or in court should it be necessary.

Settlements

In more than 90% of medical malpractice cases, the plaintiffs and defendants reach an agreement to settle the case prior to going to trial. Both parties will avoid costly and stressful court costs and receive compensation for the plaintiff. If a trial is not feasible, a jury determines whether the defendants have a duty to pay compensation and in what amount.

The first step to receive financial compensation for your child's birth injury is to prove that the doctor you hired to deliver your baby had a professional relationship with you, and he violated the duty of care during the birthing procedure. You can prove this using medical documents and hospital invoices. Your lawyer will have to collect evidence that the breach was responsible for your child's injuries.

If you have evidence, your attorney will present a complete set of demands to the malpractice insurance companies of the defendants. This document contains a thorough letter that describes the injuries your child sustained and the supporting documents. The malpractice carrier will then go through the request and either accept it or reject it. If the demand is rejected the lawyer will file suit.

If you are the victim of a successful birth injury lawsuit your lawyer may suggest placing part of your settlement or award in a special trust for children with disabilities. This will allow you to make future payments to your child for things like medicine, physical therapy, and 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 that is formal and resolves a dispute and pays compensation to the plaintiff.

A team of attorneys will collect evidence to prove that medical professionals did not meet a high level of care, causing injury. Lawyers representing the defendants will gather their own evidence to disprove assertions. The attorneys will then meet with each other to negotiate the amount of settlement. If no settlement can be reached the case will go to trial.

The trial process could take months or years to be completed. Plaintiffs may feel pain, stress and risk as they relive their child's birth injury trauma. The winning party could win an award of a significant amount. A losing party may appeal the decision.

An experienced lacey birth injury attorney injury lawyer can make a huge difference in your case. A legal professional can help you get the best possible outcome through each step of the legal process, starting with the creation of the demand letter to filing the lawsuit as well as settlement negotiations, discovery and trial, if needed, appeals. They can assist you in obtaining the life-changing amount of compensation your family requirements. A lawyer can connect you to a a network of experts to help you with your claim. The legal team at Lipsitz Green will investigate your case to determine the reason for the injury occurred and fight for fair compensation.

Statute of Limitations

Medical professionals have their own set of rules they must adhere to when performing procedures. These include the statute of limitations which has a time limit for filing lawsuits. This limitation is designed to ensure that claims can be filed as long as evidence is still accessible and witnesses' memories remain fresh. Even if the lawsuit has a solid legal basis, it can be dismissed if it is filed after the statute of limitations has expired.

The statute of limitations is important for victims of birth injuries. A successful case can result in compensation for the victim's current and future medical expenses, lost wages due to having to work in order to take care of their child, as well as emotional anxiety. In certain instances, the judge or jury could also award punitive damages to punish defendants who have demonstrated an extreme lack of care.

The victims of birth injuries should have an New York attorney familiar with these types of claims. They can investigate the incident, gather evidence, create an argument for negligence and reach a settlement or go to trial if necessary. In some instances there is a possibility that a defendant will attempt to dismiss a lawsuit by saying that the statute of limitations has expired. A lawyer is able to determine if this is the situation. If the case involves a public hospital that is run by local government, state or federal authorities, separate and potentially much shorter time limits for statute of limitations could apply.

Expert Witnesses

In an instance of medical malpractice, experts can help judges and juries understand the evidence and facts in the case. They can also provide expert or professional opinions and inferences to help them make an informed decision. They are permitted to do this because their knowledge is more reliable and thorough than that of a layperson or someone who has no medical education.

A legal representative can retain an expert witness to examine medical records, provide testimony and assist the lawyer with the case. The expert will then sign an affidavit as well as testify in court about their findings. An expert can be a hospital employee, health care provider at the defendant's facility or an outsider.

The expert's testimony must reflect the current state of medical knowledge in the case at the time. The expert should not denounce or condone the performance of a physician within generally accepted standards of practice. Experts should be willing and able to submit transcripts of depositions or courtroom testimony to their peers to be reviewed. They should not sign agreements in which the costs for their expert testimony are unreasonably high in relation to the time and effort involved.

Parents of children suffering from a severe birth injury can seek compensation for future care that their child will require and for any previous costs they've already paid to provide care for the child. A steadfast lawyer can determine if negligence caused the child's injuries at birth and secure compensation that can alleviate the financial burden of the family.