Birth Injury Compensation: 10 Things I Wish I'd Known Earlier
Birth Injury Litigation
Birth injuries can cause serious disabilities and can affect the quality of life for your child. The medical treatment they require can be costly and long.
A good lawyer can file your birth injury lawsuit and investigate the incident to collect evidence, make the case for negligence, and assist you in settlement negotiations or at trial in the event of a trial.
Settlements
In over 90% of medical malpractice cases, plaintiffs and defendants agree to a settlement 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 a fair settlement. If a trial isn't possible, a jury can decide whether the defendants are liable to compensate the plaintiff and how much.
The first step towards receiving financial compensation for your child's birth injury is proving that the doctor you hired to deliver your baby had an official relationship with you and violated this obligation during the birthing procedure. This can be accomplished with medical documents and hospital bills. Your lawyer must prove that the breach was responsible for your child's injuries.
If you have evidence, your lawyer will then submit a list of demands to the malpractice insurance carriers of the defendants. This document includes a detailed letter detailing the injuries suffered by your child and the supporting documents. The malpractice insurance company will go through the request and either accept or reject it. If the demand is rejected your lawyer will file suit.
Your lawyer may suggest that, in the event that a lawsuit is successful for birth injuries, a percentage of the settlement or award is put into a special needs fund. This will enable your child to have access to future funds to fund things like medicine or physical therapy as well as home modifications.
Trials
In some cases, attorneys may try to reach an agreement to settle the issue before going to court. A settlement provides the plaintiff with financial compensation and results in an official agreement that ends the case.
A team of lawyers will collect evidence to prove that medical professionals did not adhere to a high level of care and caused injuries. birth injury attorney san leandro representing defendants will collect their own evidence to disprove allegations. The attorneys will then meet with each and negotiate a settlement amount. If a settlement isn't reached, then the case will be taken to court.
The trial process can take months or years to complete. Plaintiffs could suffer from pain, stress and even risk when they recall the trauma of their child's birth. The winner could be awarded a huge verdict. The losing side can file an appeal of the decision.
A birth injury lawyer with years of experience can make a significant difference in your case. A lawyer can help you get 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 or appeals, if necessary, a legal professional can ensure the most favorable outcome. They can help you obtain compensation that can change your life as well as the lives of your family. A lawyer can help you establish a experts to help you with your claim. The legal team at Lipsitz Green will investigate your case to determine the reason for the injury occurred and fight for fair compensation.
Statute of limitations
The medical profession has its own set of rules to be followed during procedures. This includes the statute of limitation, which sets a deadline for filing lawsuits. This limitation is designed to ensure that claims can be filed as long as evidence is still accessible and witnesses' memories are still fresh. A lawsuit that is filed after the statute of limitations has expired can be dismissed even the case has a solid legal basis.
For birth injury victims the statute of limitation is particularly important. A successful claim could result in compensation for the victim's present and future medical expenses or lost wages as a result of being away from work to take care of their child, and emotional distress. In certain circumstances, a jury or judge may also award punitive damage to punish defendants who have shown the most reckless of negligence.
Victims of birth injuries should have an New York attorney familiar with these types of claims. They can investigate the accident and collect evidence, build a case for negligence, and negotiate a settlement or go to trial if needed. In certain instances, a defendant may try to dismiss a case claiming that the statute of limitations is over. A lawyer can quickly determine if this is the situation. If the case involves a public hospital that is operated by local or federal government in a different and possibly shorter statute of limitations could be in effect.
Expert Witnesses
In a medical malpractice case, expert witnesses help judges and juries understand the evidence and facts in the case. They also offer professional or specific opinions to assist jurors decide. They are permitted to do this because their experience and expertise is more specific and reputable than a layperson or someone with no medical background.
Legal representatives can hire an expert witness who will examine medical records, provide testimony and assist the lawyer in putting together the case. The expert will sign an affidavit and then give evidence in court. An expert can be a hospital employee, health care provider from the defendant's establishment, or an outsider.
The testimony of an expert should reflect the state of medical knowledge at the time of occurrence in the case. The expert should not denigrate or excuse any action that is not in line with generally accepted standards of practice. Experts should be prepared and able submit transcripts from depositions or courtroom testimony to their peers for review. They should not sign contracts where the fees for expert testimony are too high compared to their time and effort.
Parents of a child who has suffered a serious birth trauma may seek damages to pay for the future expenses they'll have to pay to care for their child, as well as any previous expenses that may have been that they have incurred. A determined attorney can determine if negligence caused the child's birth injury and secure compensation that can help ease the financial burden of a family.