Birth Injury Litigation

soldotna birth injury law firm injuries can lead to serious disabilities that can impact the quality of life of your child. Medical treatments can be expensive and take a long time.

A competent lawyer will file your lawsuit for birth injuries, investigate the incident, collect evidence, and then make a case of negligence. They may also represent you during settlement negotiations or in court if necessary.

Settlements

In more than 90 percent of medical malpractice cases, the plaintiffs and defendants sign an agreement for settlement before going to trial. This lets both parties save money and stress-inducing court costs, and gives the plaintiff a promise of a fair settlement. If a trial is not feasible, a jury will decide whether the defendants are liable to compensate the plaintiff and how much.

The first step to receive financial compensation for birth injuries in your child is to prove the doctor who delivered your child had a professional relationship with you, and that he did not fulfill this obligation during the birthing process. You can prove this using medical documents and hospital invoices. Your lawyer will also have to find evidence that shows the breach caused the injuries of your child.

If you have the evidence the lawyer will then submit an offer to the defendants' malpractice carriers. This document contains a thorough letter detailing the injuries suffered by your child and the supporting documents. The malpractice insurance company will go through the request and either take it up or reject it. If the demand is denied the lawyer will file suit.

If you are the victim of the outcome of a successful lawsuit for birth injuries the attorney you consult with may recommend placing part of your settlement or award into a special trust for children who require special. This will allow your child to have access to future funds for things like medicine physical therapy, home modifications.

Trials

In some cases lawyers will try to reach a settlement to resolve the matter without going to court. A settlement offers the plaintiff with financial compensation and results in an official agreement that resolves the matter.

A team of lawyers will gather evidence to show that medical professionals did not adhere to the highest standards of care and caused injuries. Lawyers representing defendants will gather evidence of their own to disprove claims. The attorneys will then meet with each and negotiate a settlement amount. If a settlement isn't reached the case will be sent to trial.

The trial process can take months or even years to be completed. Plaintiffs may be afflicted with pain, stress and even risk when they recall the trauma of their child's colonial heights birth injury Lawsuit. The winning party may receive a large award. However, a losing party may appeal the decision.

A birth injury lawyer with years of experience can make a huge difference in your case. A lawyer can guarantee the best result at every stage of the litigation process, from the drafting of the demand letter, to filing the lawsuit and discovery, settlement negotiations and trial, and in the event of an appeal, if necessary. They can help you obtain the life-changing amount of compensation your family needs. A lawyer can help you establish a an expert network to help support your claim. The legal team of Lipsitz Green will investigate the case to determine what happened and fight for a fair compensation.

Statute of limitations

Medical professionals have their own set of rules to follow when performing procedures. These include the statute of limitations which sets a deadline for filing lawsuits. This limit is designed to ensure that claims are filed in the time physical evidence remains available and witnesses' memories are fresh. A lawsuit filed after the time limit has expired can be dismissed even if it has a strong legal basis.

The statute of limitations is important for birth injuries. A successful claim could award compensation for current and future medical expenses and lost wages resulting from the absence of work to take care of the child, and emotional stress. In some cases, a jury or judge may also award punitive damages to punish defendants for committing a serious carelessness.

Victims of birth injuries must have a New York attorney familiar with these types of claims. They can investigate and collect evidence to support a claim of negligence or negotiate a settlement or go to court if required. In certain cases, a defendant may try to dismiss a lawsuit by claiming that the statute of limitation has run out. A lawyer can determine quickly if this is the situation. If the situation involves a public hospital that is run by local or federal government in a different and possibly shorter time-limits may be in effect.

Expert Witnesses

Expert witnesses can help juries and judges better understand the evidence and the facts of a medical malpractice case. They may also offer expert or specialized opinions that help the jury decide. They are permitted to offer this advice because their knowledge and expertise is more detailed and reliable than a layperson or someone who is not a medical professional.

A legal representative can retain 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 be present in court regarding their findings. An expert could be an internal employee of the defendant's hospital, health care system, or someone who is not employed by the institution.

The expert's testimony must reflect the current medical knowledge in the case at the time. The expert should not denounce or accept the practice as a whole within generally accepted guidelines of practice. Experts should be prepared and able to send transcripts of depositions and courtroom testimony to their peers to be reviewed. They should not be a part of contracts where the fees for expert testimony are excessively expensive compared to the time and efforts involved.

Parents of a child who suffered a serious birth trauma may seek damages to cover the future costs they'll incur to care for their child, as well as any past expenses that have been paid for. An experienced attorney can determine if negligence was involved in the child's injuries at birth and secure compensation that can ease the financial burden on the family.