michigan city birth injury lawyer Injury Litigation

Birth injuries can cause serious disabilities that can impact the quality of life of your child. The medical treatments they require could be costly and long.

A competent lawyer will file your lawsuit for birth injury, conduct an investigation into the incident, gather evidence, and make an argument for negligence. They can also represent you during settlement negotiations or in court if needed.

Settlements

In more than 90 percent of medical malpractice cases, the plaintiffs and defendants come to a settlement agreement before the case goes to trial. This allows both parties to avoid costly and stressful court costs, and gives the plaintiff a promise of compensation. In the event that there is no trial the jury will decide if the defendants owe the plaintiff compensation and how much money they should pay.

The first step towards receiving the financial compensation your child deserves for his birth injury is proving that the doctor you hired to deliver your baby had a an established professional relationship with you, and he violated that obligation during the birthing procedure. This can be accomplished with medical documents and hospital bills. Your lawyer will have to gather proof that the breach caused the injury to your child.

Once you have this evidence, your lawyer will submit an order package to plaintiffs' malpractice insurers. The document will include a detailed letter detailing the injuries suffered by your child and the supporting documents. The malpractice insurer will examine the request and either accept or deny it. If the demand is rejected the lawyer will file a lawsuit.

Your lawyer may suggest that, in the case that a lawsuit is successful for birth injury attorney injuries, a percentage of the settlement or award is placed into a special needs fund. This will permit you to grant future funds to your child to cover things such as medicine, physical therapy, and home modifications.

Trials

In certain cases lawyers may try for a settlement in order to resolve the matter without a court appearance. A settlement offers financial compensation to a plaintiff and leads to an official agreement that concludes the matter.

A team of attorneys will collect evidence to prove that medical professionals failed to meet the requirements for a high standard of care and aggravated injuries. Lawyers representing defendants will gather their own evidence to counter claims. The attorneys will then meet with each other to discuss a settlement amount. If a settlement cannot be reached, then the case will be taken to the court.

The trial process may take months or years to complete. Plaintiffs can suffer from pain, stress and danger as they revisit the trauma of their child's birth. The winner could be awarded a huge verdict. A losing party may appeal the decision.

An experienced birth injury lawyer can make all the difference in your case. A lawyer can guarantee the best result at every step of the litigation process, from the drafting of the demand letter, to filing the lawsuit or discovery, negotiation of settlement and trial or, when necessary, appeals. They can help you obtain life-changing compensation for your family's requirements. A lawyer can provide you with a a network of experts to support your claim. The legal team of Lipsitz Green will investigate the case to determine what transpired and fight for fair settlement.

Statute of limitations

Medical professionals have their own set of rules to follow when performing procedures. This includes the statute of limitations, birth injury lawyer which has a time limit for filing lawsuits. This limitation is designed to ensure that claims can be filed while evidence is still available and witnesses' memories are still fresh. Even if the suit has a solid legal basis the case is dismissed if it is filed after the statute has expired.

For victims of birth injuries the statute of limitations could be particularly crucial. A successful case could result in compensation for current and future medical expenses loss of wages due to the inability to work in order to take care of the child, as well as emotional anxiety. In certain cases a judge or jury will also award punitive damages to penalize defendants who have committed a grave carelessness.

A New York attorney who is familiar with birth injury claims should represent victims. They can investigate the incident and gather evidence, create an argument for negligence, and settle the case or go to trial if necessary. In some instances an accused party may try to dismiss a suit by asserting that the statute of limitations has run out. A lawyer will be able to quickly determine if this is the situation. If the situation involves public hospitals that are run by state, local, or federal authorities there is a separate and shorter time limit could apply.

Expert Witnesses

Expert witnesses can assist juries and judges understand the evidence and facts of a medical malpractice case. They can also provide expert or specialized opinions that help the jury make a decision. They are able to do this because their experience and expertise is more specific and reputable than an average person or someone with no medical background.

Legal representatives can hire an expert witness who will examine medical records, provide testimony and assist the lawyer put together the case. The expert will sign an affidavit, and then appear in court. An expert can be a hospital employee, health care provider at the institution of the defendant or an outsider.

The expert's testimony must reflect the current medical knowledge available at the time. Experts should not criticize or condone performance within the generally accepted guidelines of practice. Experts should be willing to provide deposition transcripts and courtroom testimony to be reviewed by a peer. 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 severe birth trauma may seek damages to pay for the future expenses they'll have to pay to care for their child and any expenses that have been paid for. An experienced attorney can determine if negligence was involved in the child's injury during birth and secure compensation that can alleviate the financial burden of families.