7 Effective Tips To Make The Most Of Your Birth Injury Claim

Birth Injury Legal Help

Families are faced with huge financial burdens when a baby is born with an medically-caused injury or illness. A birth injury lawyer can help families secure compensation to cover medical expenses and improve the quality of life for their children.

Families must demonstrate four things to win a lawsuit claiming birth injury:

Statute of limitations

Whatever the manner in which the injury was sustained, it is crucial to seek legal advice whenever you suspect that medical negligence. This will ensure that your claim is filed at the right time for your state's statutes of limitations and that you have enough time to construct a strong case and obtain an appropriate amount of compensation.

In general, a party has two and a half (2-1/2) years to file a medical negligence lawsuit that begins from the date of the occurrence of negligence. New York law extends this deadline to 10 years for cases filed on behalf of a child, provided the child is not yet the age of 18.

In order to win a lawsuit for birth injuries, you need to prove that the defendant did not fulfill his or her duty to you and caused your child's injury. The cause of the injury is usually determined through evidence from experts and documents that demonstrate the best practices, which are generally accepted by the medical profession.

Your lawyer will investigate your case and gather all relevant evidence including medical records for you and your child. They will then identify potential defendants and obtain the required documents from their insurance companies. After they have completed the procedure, they will send a demand for damages in money to the parties responsible. If they don't agree to a settlement then your lawyer will start a lawsuit in court. A lawsuit is usually resolved by a trial, in which each side presenting their evidence and arguments to a judge and jury.

Medical Experts

birth injury lawsuits injuries could have devastating consequences for the child and his family. It is crucial to seek legal assistance as soon as possible. The lawyer will then be able to construct a solid case based on medical records and doctor depositions. Attorneys can also engage an expert from a medical field to review the case and give an opinion. This is a vital part of any medical malpractice case.

Many birth injuries are difficult to prove as the symptoms may not be evident until a long time later. Parents are often unaware of the signs until their child is missing milestones in their development or when their pediatrician indicates that there are intellectual and physical deficits. Signs of an injury, such as admission to the NICU or a need for a CT scan or MRI after birth, could also be an indication of a possible injury.

Causation is another key aspect in the success of a birth injury lawsuit. You must establish that the defendant's breach in duty caused your child to be injured. If the doctor hadn't committed the breach of duty, then your child would not have suffered an injury.

Most medical malpractice claims including those involving birth injuries that are settled out of court. In a settlement agreement, the parties have to agree on a dollar value in order to resolve the case. The amount must reflect your past and future damages. Your lawyer will consult with medical and attorneys financial experts to determine a suitable amount.

Defendants

A successful birth injury lawsuit will require the medical professional to prove that they violated his or her duty of care. This is typically accomplished by obtaining the opinion of an expert witness from a medical field. The medical expert will analyze the evidence in your case including medical records as well as depositions made by the doctors involved. He or she will determine whether your doctor's actions are in accordance to the appropriate standard of professional practice for those with similar training, expertise and context.

A lawyer can also employ financial experts to analyze your losses and calculate reasonable damages that take into account past, present, and future costs. Your lawyer will negotiate with the hospital or physician's malpractice carrier and bring a lawsuit if necessary to get the most compensation possible for the harms your child has sustained.

Contrary to the majority of lawsuits, birth injuries cases are usually settled. A settlement is when all parties agree to pay a certain amount of money and the legal process ceases. If your case doesn't resolve then it could go to trial where a judge and jury will decide your fate.

Birth injuries can cause long-lasting harm to your child or your family. To achieve the best results, it is important to choose a skilled birth injury attorney who has a track record of success in handling these claims.

Settlement

Your attorney should do everything possible to ensure that your family receives a fair settlement. It will depend on the injuries your child has suffered and the demands that result. For instance, a severe birth injury could require years of care, often all-hours-of-the-day. Your lawyer will consult medical and health experts to determine the total cost of this care and then file a suitable claim.

In many instances, the malpractice insurance of a doctor or hospital will offer to settle a case without litigation. In these instances your lawyer will file a demand package that contains an extensive description of the details of your case as well as a proposed dollar amount to settle the matter. The insurance company will scrutinize the details and respond with a counter-offer. Your lawyer will negotiate an acceptable settlement with the insurance company.

If a settlement cannot be agreed upon, your attorney may file a medical malpractice lawsuit in the county in which the incident occurred. You may be able include your doctor, as well as any other doctors or hospital involved in the birth of your child and the injury as defendants depending on the circumstances. Your attorney can gather more information following the filing of a lawsuit, including depositions and sworn testimony from witnesses, as part of the discovery process. The evidence you gather will aid in your legal arguments.