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Birth Injury Litigation Birth injuries can lead to serious disabilities that can impact the quality of life of your child The medical treatment they require can be costly and long A competent lawyer can bring a birth injury lawsuit as well as investigate the incident gather evidence present the case for negligence and represent you in settlement negotiations or at trial in the event of a trial Settlements In more than 90 of medical malpractice cases plaintiffs and defendants sign a settlement agreement before going to trial Both parties can avoid costly and stressful court costs and receive compensation for the plaintiff 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 the amount they are required to pay The first step towards receiving financial compensation for birth injuries for your child is to establish that the doctor who gave birth to your child had a professional relationship with you and that he acted in breach of this obligation during the birthing process This can be done by using medical records and hospital invoices Your lawyer will have to collect evidence that the breach led to the injuries to your child Once you have the evidence your lawyer will submit a package of demands to the malpractice insurance carriers of the defendants This document includes a detailed letter that describes the injuries your child sustained as well as supporting documents The malpractice insurer will review the demand and accept or reject it If the demand is rejected the lawyer will file a lawsuit Your attorney may recommend that in the event that a lawsuit is successful for birth injury a part of the settlement or award is put into a special needs fund This will enable you to give future funds to your child for things such as physical therapy medicine and home modifications Trials In some instances lawyers will try to reach a deal to settle the issue without having to go to court Settlements provide an amount of money to the plaintiff and results in an official agreement that settles the matter A team of attorneys will gather evidence to demonstrate that medical professionals did not meet a high level of care causing injury Lawyers representing 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 isnt reached then the case will go to trial The trial process can take months or even years to be completed It can be a stressful risky and painful for plaintiffs as they experience the trauma of their childs birth trauma The winner may be awarded an enormous amount But a party that loses can file an appeal of the decision A birth injury lawyer with years of experience can make a huge difference in your case Legal professionals can guarantee the best possible outcome through each stage of the litigation process from drafting the demand letter to filing the lawsuit as well as settlement negotiations discovery and trial or should it be necessary appeals They can assist you in obtaining compensation that can change your life as well as the lives of your family members A lawyer can also offer a network of expert witnesses to back your claim The legal team at Lipsitz Green will investigate your claim to determine how the injury occurred and fight for fair compensation Statute of limitations Medical professionals have their own set of rules that they must follow when performing procedures These include the statute of limitations which imposes a time limit for filing lawsuits This limit is meant to ensure that claims can be filed when evidence is still available and witnesses memories remain fresh Even if the lawsuit is based on a solid legal foundation it will be dismissed if filed after the statute has expired For victims of birth injuries the statute of limitation could be particularly crucial A successful claim may provide compensation for future and current medical expenses as well as lost wages due to missing work to take care of the child and emotional stress In certain cases a judge or jury may also award punitive damages intended to punish defendants for extreme carelessness birth injury law firm cranston of birth injuries should have a New York attorney familiar with these types of claims They can investigate and gather evidence to prove a case of negligence or negotiate a settlement or take the case to court if necessary In certain instances a defendant might attempt to dismiss a lawsuit saying that the statute of limitations has run out A lawyer can determine quickly whether this is the case If the matter involves a hospital that is public that is run by local state or federal governments in a different and possibly shorter statute of limitations could be in effect Expert Witnesses In the case of medical malpractice expert witnesses can assist jurors and judges to understand the evidence and the facts of the case They also offer professional or expert opinions that help the jury decide They are permitted to do this because their expertise is more reliable and precise than that of a layperson or someone who has no medical education Legal representatives can hire an expert witness to review medical records give testimony and assist 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 a hospital employee or health care provider at the defendants facility or an outsider An experts report should reflect the current state of medical knowledge at the time of the incident in the case Experts should not denounce performance that falls within generally accepted practice standards nor should they condone performance that is outside of those standards Experts should be prepared and able to provide transcripts of depositions or courtroom testimony to peers to be reviewed They should not sign contracts that state that the costs for expert testimony are too expensive compared to the time and efforts involved Parents of a child who suffered a serious birth trauma may seek damages to cover the costs theyll have to pay for the care of their child and any expenses that were caused A determined lawyer can determine if negligence caused the childs injuries at birth and can secure compensation to reduce the financial burden for a family