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Birth 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 lengthy. A competent lawyer will file your lawsuit for birth injury, study the incident, gather evidence, and build a case of negligence. They can represent you in settlement negotiations or in court if needed. Settlements In 90% of medical malpractice cases, the plaintiff and defendant agree to an agreement before the case goes to trial. This helps both parties avoid costly and stressful court fees, and it provides the plaintiff with a guarantee of compensation. If a trial is not possible, a jury can decide whether the defendants are liable to pay compensation and in what amount. The first step towards receiving the financial compensation you deserve for your child's birth injury is to prove that the doctor you hired to deliver your baby was in an professional relationship with you and violated the duty of care during the birthing process. You can prove this using medical records and hospital invoices. Your lawyer will also need to collect evidence that proves the breach resulted in your child's injuries. Once you have the evidence, your lawyer will send a set of demands to the malpractice insurers of the defendants. This document includes a letter detailing the child's injuries as well as supporting documentation. The malpractice insurance company will review the request, and then either decide whether or not to accept it. If the demand is rejected the lawyer will file a lawsuit. Your lawyer might suggest that in the event of a successful lawsuit involving birth injury, a portion of the settlement or award is placed in a special needs fund. This will enable your child to access future funds for things like medicines, physical therapy and home modifications. Trials In some cases, attorneys will try to come to an agreement on how to settle the issue before going to court. Settlements provide the plaintiff with financial compensation and results in an official agreement that settles the matter. A team of attorneys will gather evidence to prove that medical professionals did not meet a high level of care and caused injuries. Lawyers for defendants will also collect evidence on their own to prove the assertions. The attorneys will meet to negotiate the terms of a settlement. If a settlement isn't reached, the case will go to the court. The trial process can take months or years to be completed. It can be stressful, risky, and painful for plaintiffs, as they experience the trauma of their child's birth trauma. The winner could be awarded a large verdict. A losing party may appeal the decision. A birth injury lawyer with experience can make all the difference in your case. A lawyer can assist you to achieve the best possible outcome at every stage of the litigation process. From the writing of the demand letters, to filing the lawsuits or discovery, settlement negotiations, trial, or appeals If necessary A legal professional will ensure the highest possible outcome. They can help you get an award that will change your life for your family's requirements. Lawyers can also provide an expert witness network to support your claim. The legal team at Lipsitz Green will investigate the case to determine the cause and fight for a fair settlement. Statute of Limitations The medical profession has its own set of rules that must be adhered to in all procedures. This includes the statute of limitations which specifies a deadline for filing lawsuits. This limit is set to ensure that claims are filed in the time physical evidence remains available and witnesses' memories are fresh. A lawsuit that is filed after the time limit has expired will be dismissed even the case has a solid legal basis. The statute of limitations is crucial for birth injuries. A successful lawsuit can offer compensation for the victim's present and future medical expenses or lost wages as a result of missing work to care for their child, and emotional distress. In certain cases a judge or jury will also award punitive damages to punish defendants for committing a serious negligence. A New York attorney who is familiar with birth injury claims should represent victims. They are able to investigate the incident and gather evidence, create an argument for negligence and settle the case or go to trial if needed. In some cases there is a possibility for a defendant to dismiss a lawsuit claiming that the statute of limitation has expired. A lawyer will be able to quickly determine if this is the situation. If the matter involves public hospitals which are operated either by local, state, or federal governments, a separate and possibly shorter time limit may apply. Expert Witnesses In the event of a medical malpractice case experts are able to help judges and juries understand the evidence and the facts in the case. They can also offer professional or expert opinions to assist jurors to make a decision. They are able to do this because their knowledge is more reliable and detailed than those of a layperson or someone who is not trained in medical sciences. A lawyer may hire an expert witness to look over medical records, give a testimony, and assist the lawyer in putting together the case. The expert would then sign an affidavit, and testify in court regarding their findings. An expert could be an internal employee of the defendant's hospital, health care system, or a person who is not associated with the institution. birth injury attorney orange should reflect the current state of medical knowledge at the time of the incident. The expert should not condemn actions that fall within generally accepted practice standards or support performance that is outside of the standards. Experts should be able to provide deposition transcripts and courtroom testimony for peer review. They should not enter into contracts in which the fees for their expert testimony are inordinately high relative to their time and effort involved. Parents of a child who suffered a severe birth trauma can seek damages to pay for the future expenses they will incur for the care of their child, as well as any expenses that have been that they have incurred. A steadfast attorney can determine whether negligence was the cause of the child's injury at birth and obtain compensation that will alleviate the financial burden of the family.