14 Smart Ways To Spend Your Leftover Birth Injury Compensation Budget

Birth Injury Litigation

Birth injuries can lead to serious disabilities and affect the quality of life for your child. The medical treatment they require can be expensive and lengthy.

A good lawyer can bring a birth injury lawsuit, investigate the incident and gather evidence, build the case for negligence, and also represent you in settlement negotiations or in court in the event of a trial.

Settlements

In over 90 percent of medical malpractice cases, plaintiffs and defendants sign an agreement to settle the case before going to trial. Both parties can avoid expensive and stressful court fees and receive compensation for the plaintiff. If a trial isn't possible, a jury decides whether the defendants are accountable to compensate the plaintiff 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 did not fulfill this obligation during the birthing procedure. This can be done with medical documents and hospital bills. Your lawyer will also need to find evidence that shows the breach led to your child's injuries.

If you have the evidence Your lawyer will then send a demand package to the defendants' malpractice insurance carriers. This document contains a thorough letter that outlines the child's injuries as well as supporting documents. The malpractice insurer will examine the request, and then either decide whether to accept or deny it. If the demand is rejected the lawyer will bring a lawsuit.

If you are the victim of a successful birth injury lawsuit your lawyer may suggest placing some of the settlement or award into a special trust for children with special needs. This will permit you to make future payments to your child for things like physical therapy, medication, and home modifications.

Trials

In some instances lawyers may try to negotiate a settlement to resolve the matter without having to go to court. A settlement offers an amount of money to the plaintiff and ends in an official agreement that ends the case.

A team of attorneys will gather evidence to show that medical professionals did not adhere to a high level of care and caused injury. Lawyers for the defendants will also gather their own evidence to counter the claims. The attorneys will meet to negotiate an agreement. If a settlement can't be reached, the case will go to trial.

The trial process can take months or years to complete. It can be a stressful, risky and painful for plaintiffs as they relive the trauma of their child's birth trauma. The winning side may be awarded a huge verdict. However, a losing party could appeal the decision.

An experienced birth injury lawyer can make a huge difference in your case. A lawyer can help you achieve the best possible outcome at every stage of the litigation process. From the creation of demand letters to filing the lawsuits or discovery, settlement negotiations, trial, or appeals, if necessary a lawyer will ensure the highest possible outcome. They can help you get an award that will change your life for your family's needs. A lawyer can also offer an expert witness network to back your claim. The legal team at Lipsitz Green will investigate the case to determine what transpired and fight for fair compensation.

Statute of limitations

The medical profession has its own set of rules that must be followed in all procedures. This includes the statute of limitations, which sets a deadline for filing lawsuits. This limit is meant to ensure that claims can be filed while evidence is still accessible and witnesses' memories are fresh. Even if a lawsuit has a solid legal basis, it will be dismissed if it's filed after the statute of limitations has expired.

The time limit for filing a claim can be important for victims of birth injuries. A successful claim could result in compensation for the victim's present and future medical expenses or lost wages as a result of missing work to take care of their child, and emotional anxiety. In some cases the judge or jury will also award punitive damages to punish defendants for extreme inattention to detail.

Victims of birth injuries should have a New York attorney familiar with these types of claims. They can investigate and collect evidence to prove a case of negligence, negotiate a settlement, or go to court when needed. In some cases the defendant could try to dismiss a suit claiming that the statute of limitation is over. A lawyer should be able quickly determine if this is the situation. If the situation involves a public hospital, which are operated by local or federal government there could be separate and shorter statute of limitations could be in effect.

Expert Witnesses

In an instance of medical malpractice, expert witnesses help jurors and judges to understand evidence and facts in the case. They may also provide specialized or professional opinions and inferences to assist them in making a decision. They are permitted to do this because their knowledge is more reliable and thorough than those of a layperson or someone who has no medical education.

A lawyer can engage an expert witness to review medical records, give a testimony and help the lawyer to put together the case. The expert would then sign an affidavit and testify in court regarding their findings. An expert could be an internal employee of the defendant's hospital, health care system, or an individual who is not employed by the institution.

Expert testimony should reflect the current state of medical knowledge at the time of the incident in the case. The expert should not denigrate or accept the practice as a whole within generally accepted standards of practice. Experts should be able to provide transcripts of depositions and courtroom testimony to be reviewed by a peer. They should not sign any contracts that state that the costs for expert testimony are too expensive in comparison to the time and effort.

Parents who have a child with a severe birth injury may seek damages for the future care that their child will require, as well as past expenses that they have already paid to care for the child. A determined lawyer can determine if negligence was involved in the child's injury at birth and secure compensation that can reduce the financial burden for a family.