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Birth Injury Litigation Birth injuries can lead to severe disabilities and impact the quality of life of your child. The medical treatments that they require can be costly and long. A good lawyer can start a lawsuit for birth injuries as well as investigate the incident, gather evidence, present an argument for negligence and also represent you in settlement negotiations or in court if needed. Settlements In a majority of medical malpractice lawsuits, the defendant and plaintiff reach an agreement prior to the case goes to trial. Both parties can avoid the costly and stressful court costs and receive compensation for the plaintiff. If the trial is not able to be concluded the jury will decide whether the defendants owe plaintiff compensation and how much amount they have to pay. The first step in obtaining financial compensation for your child's birth injury is proving that the doctor you hired to deliver your baby was in an professional relationship with you and breached that duty during the birthing process. You can prove this using medical records and hospital invoices. Your lawyer will also need to collect evidence that proves the breach caused your child's injuries. Once you have the evidence, your attorney will then submit a list of demands to the malpractice insurance companies of the defendants. The document will include a detailed letter that describes the injuries your child sustained along with any supporting documents. The malpractice insurer will examine the request, and either accept or reject it. If the demand is rejected the lawyer will file suit. Your attorney may recommend that, in the event of a successful lawsuit to remedy birth injury, a part of the settlement or award is put into a special needs fund. This will permit you to give future funds to your child for things such as physical therapy, medicine, and home modifications. Trials In certain cases, attorneys will attempt to reach an agreement to resolve the issue before taking it to court. A settlement provides financial compensation to a plaintiff and ends in an official agreement that resolves the matter. A team of lawyers will gather evidence to prove that medical professionals failed to meet the requirements for a high standard of care and caused injury. Lawyers for defendants will also gather evidence of their own in order to refute claims. The attorneys will then meet with each other to negotiate the amount of settlement. If a settlement cannot be reached, the case will be taken to court. The trial process could take months, or years to complete. Plaintiffs might be afflicted with pain, stress and even risk when they recall their child's birth injury trauma. The winner may be awarded a large award. However, a losing party may appeal the decision. A birth injury lawyer who has experience can make all the difference in your case. A lawyer can assist you to get the best possible outcome throughout the litigation process. From the writing of the demand letters, to filing the lawsuits and discovery, settlement negotiations, trial, or appeals should they be required a lawyer will ensure the highest possible outcome. They can assist you in getting the life-changing amount of compensation your family requirements. A lawyer can provide you with a a network of experts to back your claim. The legal team of Lipsitz Green will investigate the case to determine what transpired and fight for a fair settlement. Statute of limitations Medical professionals have their own set of rules to follow during procedures. This includes the statute of limitations which specifies a deadline for filing lawsuits. birth injury law firm chico is designed to ensure that claims are filed in the time evidence is available in physical form and witnesses' memories are fresh. Even if the lawsuit has a solid legal foundation the case will be dismissed if filed after the statute of limitations has expired. The statute of limitations is important for victims of birth injuries. A successful lawsuit could provide the compensation needed for future and ongoing medical expenses and lost wages resulting from the absence of work to care for the child, and emotional anxiety. In certain instances, the judge or jury could also award punitive damage to punish defendants who have displayed the most reckless of negligence. Victims of birth injuries must have a New York attorney familiar with these kinds of claims. They can conduct an investigation and gather evidence to make a case of negligence or negotiate a settlement or take the case to court if required. In certain situations there is a possibility that a defendant will attempt to dismiss a lawsuit by asserting that the time limit has expired. A lawyer should be able quickly determine whether this is the situation. If the matter involves public hospitals which are operated by local, state or federal governments the possibility of a separate, and shorter statute of limitations could be in place. Expert Witnesses Expert witnesses can assist juries and judges understand the evidence and facts of the medical malpractice case. They may also provide expert opinions or inferences to help them make an informed decision. They are allowed to do so because their expertise is more reliable and thorough than that of a layperson, or someone who is not trained in medical sciences. A lawyer may hire an expert witness to review medical records, provide testimony, and aid the lawyer in putting together the case. The expert would sign an affidavit and then appear in court. An expert could be an employee of the defendant's hospital or health care system, or a person who is not associated with the institution. The expert's report must reflect the current medical knowledge at the time. Experts should not criticize or excuse any action that is not in line with generally accepted standards of practice. Experts should be prepared 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 high compared to their time and effort. Parents who have a child who has suffered a serious birth injury can seek compensation for future medical care their child will require, in addition to any past costs they've already paid to provide care for the child. An experienced attorney can determine if negligence was involved in the child's birth injury and can secure compensation to reduce the financial burden for a family.