Birth Injury Litigation<br>
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Birth injuries can cause severe disabilities that can negatively impact the quality of life of your child. The medical treatments they require can be costly and time-consuming.<br>
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A competent lawyer can file your <a href="https://vimeo.com/707170399">jackson birth injury law firm</a> injury lawsuit, investigate the incident and gather evidence, build a case for negligence and represent you during settlement negotiations or at trial should it be necessary.<br>
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Settlements<br>
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In over 90 percent of medical malpractice cases, the plaintiffs and defendants agree to an agreement to settle the case prior to going to trial. This helps both parties avoid costly and stressful court fees, and it gives the plaintiff a promise of a fair settlement. If the trial is not able to be concluded the jury will decide whether the defendants owe plaintiff any compensation and the amount of they must pay.<br>
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The first step to receive the financial compensation your child deserves for his birth injury is to prove that the doctor you hired to deliver your baby had a professional relationship with you and violated that duty during the birthing procedure. You can prove this using medical documents and hospital invoices. Your lawyer will have to prove that the breach was responsible for the injury to your child.<br>
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Once you have the evidence, your lawyer will then submit a list of demands to the malpractice insurance carriers of the defendants. The document will include a detailed letter describing your child's injuries and the supporting documents. The malpractice insurance company will look over the request, and then either decide whether to accept or deny it. If the demand is denied, your lawyer will file suit.<br>
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In the event of an outcome in a birth injury lawsuit the attorney you consult with may recommend placing the proceeds of your settlement or award in a special trust for children with disabilities. This will enable your child to access future funds to fund things like medicine physical therapy, home modifications.<br>
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Trials<br>
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In some instances, attorneys attempt to reach an agreement to settle the issue before going to court. A settlement provides an amount of money to the plaintiff and leads to an official agreement that resolves the case.<br>
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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 representing the defendants will gather their own evidence in order to refute assertions. The attorneys will meet to discuss an agreement. If no settlement can be reached, then the case will go to the court.<br>
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The trial process could take months, or years to complete. It can be stressful, risky, and painful for plaintiffs who have to relive the trauma of their child's birth injuries. The winner may be awarded an enormous amount. But, a party that loses can appeal the decision.<br>
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A birth injury lawyer with years of experience can make a significant difference in your case. A lawyer can help you achieve the best possible outcome throughout the litigation process. From the drafting of demand letters to filing the lawsuits or discovery, settlement negotiation and appeals, as well as trials when necessary a lawyer will ensure the highest possible outcome. They can help you obtain compensation that will transform your life and the lives of your family. Lawyers can also provide a network of expert witnesses to prove your claim. The legal team at Lipsitz Green will investigate your claim to determine how the injury occurred and fight for fair compensation.<br>
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Statute of Limitations<br>
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The medical profession has its own set of rules that must be followed during procedures. This includes the statute of limitations, which imposes a time limit for filing lawsuits. This limitation is intended to ensure that claims are filed as long as physical evidence remains available and the memories of witnesses are fresh. Even if a lawsuit has a solid legal foundation it will be dismissed if it's filed after the statute has expired.<br>
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For victims of birth injuries the statute of limitations is particularly important. A successful claim can provide compensation for the victim's present and future medical expenses as well as lost wages due to being away from work to care for their child, and emotional stress. In some cases a judge or jury may also award punitive damages intended to punish defendants for their extreme inattention to detail.<br>
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A New York attorney who is adept at defending birth injuries is required to represent the victims. They are able to investigate the incident and gather evidence, make an argument for negligence, and negotiate a settlement or go to trial if necessary. In certain cases there is a possibility for a defendant to dismiss a lawsuit by claiming that the statute of limitations has expired. A lawyer should be able quickly determine if this is the case. If the case involves public hospitals which are operated by local, <A HREF='https://vimeo.com/707183731'>vimeo</A> state or federal government in addition, a separate and shorter statute of limitations may apply.<br>
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Expert Witnesses<br>
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In a medical malpractice case, expert witnesses can assist jurors and judges understand the evidence and the facts of the case. They can also offer expert opinions or inferences to help them make a decision. They are allowed to do this because their knowledge and expertise is more precise and reputable than the average person or one with no medical background.<br>
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A lawyer can engage an expert witness to review medical records, give an opinion and help the lawyer put together the case. The expert will then sign an affidavit and testify in court about their findings. An expert could be an employee of the defendant's hospital, health care system, or <a href="https://library.pilxt.com/index.php?action=profile;u=518090">Vimeo</a> someone outside that institution.<br>
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The expert's testimony should reflect the current medical knowledge in the case at the time. The expert should not denigrate or condone performance within the generally accepted guidelines of practice. Experts should be prepared to submit transcripts of depositions and courtroom testimony to be reviewed by a peer. They should not sign agreements where the fees for expert testimony are too expensive in comparison to the time and efforts involved.<br>
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Parents who have a child suffering from a severe birth injury may seek compensation for the future care that their child will require and also for past expenses they have already incurred to provide care for the child. A reliable attorney can determine if negligence was involved in the child's injuries at birth and obtain compensation that will ease the financial burden on families.