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Birth Injury Litigation Birth injuries can cause serious disabilities and can affect the quality of life for your child Medical treatments can be expensive and lengthy A good lawyer will file your lawsuit for birth injury conduct an investigation into the incident collect evidence and present an argument of negligence They can assist you in settlement negotiations or in court if necessary Settlements In over 90 of medical malpractice cases the plaintiffs and defendants sign an agreement for settlement before going to trial This allows both parties to save money and stressinducing court costs and also gives the plaintiff a guarantee of compensation In the event that the trial is not able to be concluded the jury will decide whether the defendants owe the plaintiff any compensation and the amount of amount they have to pay The first step to receiving 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 did not fulfill this obligation during the birthing process You can prove this by using medical documents and hospital invoices Your lawyer must collect evidence that the breach led to your childs injuries If you have evidence your lawyer will submit a package of demands to the malpractice insurers of the defendants The document contains a letter detailing your childs injuries as well as supporting documentation The malpractice insurance company will look over the request and either accept or reject it If the demand is denied your lawyer will file a lawsuit Your lawyer might suggest that in the event that a lawsuit is successful for birth injuries a portion of the settlement or award be placed into a special needs fund This will permit your child to access funds in the future to fund things like medicine physical therapy and home modifications Trials In some instances attorneys will attempt to reach an agreement to resolve the issue before going to court A settlement is an agreement in writing that settles the matter and also provides compensation to the plaintiff A team of lawyers will gather evidence to show that medical professionals did not provide a high level of care and caused injury Lawyers representing the defendants will also gather their own evidence to prove the allegations The attorneys will then sit down with each and negotiate the amount of settlement If a settlement isnt reached then the case will go to the court The trial process could take a long time to complete It can be stressful dangerous and painful for plaintiffs who have to relive the trauma of their childs birth trauma The winning side may be awarded a huge verdict A losing party could appeal the decision A birth injury lawyer with experience can make a significant difference in your case A lawyer can assist you to get the best possible result at every stage of the litigation process From the writing of the demand letters to filing the lawsuits or discovery settlement negotiation trial or appeals when necessary an attorney will ensure the highest possible outcome They can help you obtain compensation that can change your life and the lives of your family A lawyer can also provide an expert witness network to support your claim The legal team at Lipsitz Green will investigate the case to determine what transpired and fight for a fair compensation Statute of limitations The medical profession has its own set of rules to be followed during procedures These include the statute of limitations that imposes a deadline for filing lawsuits This limit is set to ensure that claims are filed in the time evidence in the physical remains and the memories of witnesses are fresh Even if the lawsuit has an established legal foundation the case will be dismissed if its filed after the statute of limitations has expired For victims of birth injuries the statute of limitations can be crucially important A successful case could result in the right to compensation for future and present medical expenses lost wages from missing work in order to care for the child as well as emotional distress In some cases a jury or judge may also award punitive damages to penalize defendants who have committed a grave negligence A New York attorney who is experienced in birth injury claims is required to represent the victims They can investigate the accident and collect evidence build a case for negligence and seek a settlement or go to trial if necessary In some cases the defendant may attempt to dismiss a case by asserting that the statute of limitations has expired A lawyer should be able to quickly determine if this is the situation If the situation involves public hospitals which are operated either by local state or federal government a separate and possibly shorter time limit may apply Expert Witnesses In the case of medical malpractice experts are able to help judges and juries understand evidence and facts in the case birth injury law firm jackson may also provide expert or specialized opinions and inferences to help them make the right decision They are permitted to do this because their knowledge and expertise is more specific and reputable than the average person or one with no medical background A lawyer may hire an expert witness to look over medical records offer a testimony and assist the lawyer in preparing the case The expert will then sign an affidavit and testify in court about their findings An expert could be a hospital employee or health care professional at the institution of the defendant or an outsider The testimony of an expert should reflect the current state of medical knowledge at the time of incident Experts should not criticize 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 peers for review They should not sign any contracts where the fees for expert testimony are too high in comparison to the time and efforts involved Parents of a child who has suffered a severe birth trauma may seek damages to cover the future costs theyll be liable for their childs care and any past expenses that have been caused A lawyer who is steadfast can determine if negligence was involved in a childs birth injury and secure compensation to ease the familys financial burden