Birth Injury Litigation

roanoke rapids birth injury law firm injuries can result in serious disabilities that can affect the quality of life of your child. The medical treatments they require can be costly and long.

A competent lawyer will file a lawsuit for birth injury, study the incident, gather evidence, and build an argument for negligence. They may also represent you at settlement negotiations or in court, if required.

Settlements

In more than 90% of medical malpractice cases, the plaintiffs and defendants agree to an agreement to settle the case before going to trial. Both parties can avoid the costly and stressful court fees and receive compensation for the plaintiff. If there is no trial the jury will decide whether the defendants are liable to pay the plaintiff any compensation and the amount of amount they have to pay.

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

Once you have this evidence the lawyer will then submit a demand package to the defendants' malpractice companies. The demand package will contain a comprehensive letter that describes the injuries your child sustained along with supporting documents. The malpractice insurer will examine the demand, and decide whether or not to accept it. If the demand is denied then your lawyer will file a lawsuit.

Your lawyer might suggest that in the case that a lawsuit is successful for woodhaven birth injury law firm injuries, a percentage of the settlement or award is placed in a special needs fund. This will enable you to make future payments to your child for things like medicine, physical therapy, and home modifications.

Trials

In some cases lawyers will attempt to reach a deal to settle the issue without going to court. Settlements offer financial compensation to a plaintiff and results in an official agreement that concludes the matter.

An attorney's team will gather evidence to prove that medical professionals did not adhere to a high standard of care, causing an injury. Lawyers for the defendants will also gather evidence to prove the allegations. The attorneys will then sit down with each the other to negotiate an amount for settlement. If a settlement cannot be reached the case will go to trial.

The trial process could take months or years to complete. It can be a stressful, risky and painful for plaintiffs who have to relive the trauma of their child's grapevine Birth injury law firm injuries. The winner could be awarded a substantial verdict. A losing party can file an appeal of the decision.

A knowledgeable birth injury lawyer can make a huge difference in your case. Legal professionals can guarantee the best possible outcome through each stage of the litigation process, from writing the demand letter to filing the lawsuit and discovery, settlement negotiations and trial, or if needed, appeals. They can assist you in obtaining compensation that will change your life, and the lives of your family members. A lawyer can also provide experts to back your claim. The legal team at Lipsitz Green will investigate your case to determine how the injury occurred and fight for fair compensation.

Statute of Limitations

Medical professionals have their own set of rules they must adhere to in their procedures. This includes the statute of limitation, which sets a deadline for filing lawsuits. This limitation is intended to ensure that claims are filed in the time evidence is still available and witnesses' memories are fresh. A lawsuit that is filed after the statute of limitations has expired will be dismissed even in the event that it has a solid legal basis.

For victims of birth injuries the statute of limitations may be especially important. A successful claim could award the right to compensation for future and present medical costs as well as lost wages due to missing work in order to care for the child, as well as emotional anxiety. In some cases, the judge or jury could also award punitive damages to punish defendants who have displayed excessive negligence.

Birth injuries victims should have an New York attorney familiar with these types of claims. They can conduct an investigation and gather evidence to prove a case of negligence, negotiate a settlement, or even go to court if needed. In some cases the defendant may attempt to dismiss a suit by saying that the statute of limitations has expired. A lawyer can determine quickly whether this is the case. If the case involves a public hospital that is operated by local government, state or federal authorities in a different and possibly shorter time-limits may be in effect.

Expert Witnesses

Expert witnesses can help juries and judges understand the evidence and the facts of a medical malpractice case. They may also offer professional or specific opinions to assist jurors make a decision. They are allowed to make this claim because their knowledge and expertise is more thorough and reliable than a layperson or someone who has no medical education.

Legal representatives can enlist an expert witness to review medical records, give an account and assist the lawyer in putting together the case. The expert would then be required to sign an affidavit and be present in court regarding their findings. An expert could be an internal employee of the defendant's hospital or health care system, or a person outside that institution.

The expert's testimony should reflect the current medical knowledge available at the time of the hearing. Experts should not criticize or accept the practice as a whole within generally accepted guidelines of practice. Experts should be prepared and able to submit transcripts from depositions or courtroom testimony to their peers for review. They should not sign contracts where the fees for their expert testimony are disproportionately expensive in comparison to the time and effort.

Parents of children with a severe birth injury can seek compensation for the future care that their child will require, and also for past expenses that they have already paid to care for the child. An experienced attorney can determine whether negligence was the cause of the child's birth injury and obtain compensation that will ease the financial burden on families.