Birth Injury Litigation

Birth injuries can result in serious disabilities that can impact your child's quality of life. Medical treatments can be expensive and long.

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

Settlements

In over 90% of medical malpractice cases, plaintiffs and defendants sign an agreement for settlement before going to trial. This allows both parties to avoid expensive and stressful court costs, and also gives the plaintiff a guarantee of compensation. If a trial is not possible, a jury decides whether the defendants are responsible to pay compensation and how much.

The first step in obtaining financial compensation for a birth injury in your child is proving the doctor who delivered your child had a professional relationship with you and that he acted in breach of this duty during the birthing procedure. This can be accomplished with medical records and hospital bills. Your lawyer will need to prove that the breach caused your child's injuries.

If you have the evidence, your lawyer will submit an offer to the defendants' malpractice companies. The document will include a letter detailing the injury suffered by your child together with the supporting documentation. The malpractice company will look over the request and decide whether to accept it or reject it. If the demand is denied the lawyer will file a lawsuit.

If you are the victim of a successful birth injury lawsuit, your attorney may recommend placing some of the settlement or award into a special needs trust. This will allow your child to use the funds to fund things like medicine or physical therapy as well as home modifications.

Trials

In some cases, attorneys will attempt to come to an agreement on how to settle the issue before taking it to court. A settlement is an agreement formalized that resolves the case and offers compensation to the plaintiff.

A team of attorneys will gather evidence to demonstrate that medical professionals failed to meet the standards of care and caused injury. Lawyers for defendants also collect evidence on their own to disprove claims. The attorneys will meet to discuss for a settlement. If no settlement can be reached, the case will be taken to the court.

The trial process can take 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 could be awarded a huge verdict. The losing side can appeal the decision.

A birth injury lawyer who has experience can make all the difference in your case. A lawyer can guarantee the best outcome at every step of the litigation process, from writing the demand letter, to filing the lawsuit and discovery, settlement negotiations and trial, if needed, appeals. They can help you receive compensation that will alter your life, and the lives of your family members. A lawyer can provide you with an expert network to support your claim. The legal team of Lipsitz Green will investigate the case to determine the cause and fight for a fair compensation.

Statute of limitations

The medical profession has its own set of rules to be adhered to when performing procedures. This includes the statute of limitations, which sets a deadline for filing lawsuits. This limit is designed to ensure that claims are filed when physical evidence remains available and witnesses' memories are fresh. A lawsuit that is filed after the statute of limitations has expired will be dismissed even if it has a strong legal basis.

For birth injury victims the statute of limitation can be crucially important. A successful claim can provide compensation for the victim's present and future medical expenses or lost wages as a result of working less to care for their child, as well as emotional distress. In some cases the judge or jury will also award punitive damages intended to punish defendants for extreme carelessness.

Victims of birth injuries must have an New York attorney familiar with these types of claims. They can conduct investigations and gather evidence to prove a case of negligence, negotiate a settlement, or go to court when necessary. In some cases, a defendant might attempt to dismiss a lawsuit by asserting that the statute of limitations has run out. A lawyer should be able to quickly determine if this is the case. If the case involves public hospitals, that are run by the state, local or federal governments there is a separate and shorter statute of limitations could apply.

Expert Witnesses

Expert witnesses can assist juries and judges better understand birth injuries the evidence and the facts of the medical malpractice case. They can also provide expert or professional opinions and inferences to help them make a decision. They are permitted to do this because their experience and expertise is more detailed and reliable than that of the average person or one with no medical background.

Legal representatives can hire an expert witness who will examine medical records, provide an opinion and help the lawyer in putting together the case. The expert will sign an affidavit, and then be able to testify in court. An expert could be an employee of the defendant's hospital, health care system, or an individual who is not employed by the institution.

The expert's testimony should reflect the current state of medical knowledge in the case at the time of the hearing. The expert should not criticize the performance that is within the generally accepted standards of practice or support performance that is outside of the standards. Experts should be able to provide deposition transcripts and courtroom testimony to be reviewed by a peer. They should not be a part of contracts that state that the costs for expert testimony are too expensive in comparison to the time and efforts involved.

Parents who have a child who suffers a serious mount clemens birth injury law firm injury can seek compensation for future medical care their child will require, and for any previous costs they've already paid for the care of the child. A lawyer who stands by his word can determine if negligence was involved in a child's birth injury and seek compensation to ease the family's financial burden.