Why You Need an Attorney for Birth Injury Claims
The birth of a child is a miraculous moment. If a medical error occurs during labor and delivery, it can be devastating.
Injuries may require costly medical treatment, which includes surgeries, assistive devices, and therapy. Compensation can help relieve financial strain and allow parents to focus on their child's needs.
Representation in Court
An attorney can manage all communications with medical providers and insurance companies on your behalf, whether you are seeking a jury verdict or a settlement outside of court. This frees you up to concentrate on your child's care.
It's the job of your lawyer to demonstrate that the doctor, midwife nurse, anesthesiologist or other medical professional violated the accepted standards of practice during labor and delivery, and that this breach caused your child's injury. This requires securing and analyzing medical records, collaborating with experts in the field, and identifying the policies and protocols that were not followed.
Your lawyer will also help to establish your damages. Included in this is the payment of past and future medical costs, emotional distress, lost wages, and pain and suffering. In rare cases, your attorney may also pursue punitive damage to punish the defendant.
A Syracuse birth injury lawyer with extensive experience can help you navigate this process. They'll know how to determine which parties may be liable and will collaborate with medical and financial experts to determine what the damages should be for your family.
In general, your lawyer will make a Summons & Complaint at court and the defendant has the option of responding. In most cases both sides will attempt to negotiate a settlement outside of court. If a settlement is not reached, the case will be heard.
Trials can take as long as a full week, depending on the complexity of your case as well as the evidence or testimony required. However, it's important note that many birth injury cases settle before going to trial.
It is recommended to hire an attorney for your birth injury claim who has the capacity to build a solid case and see it through to a conclusion and a full trial, should it be necessary. You should seek out an attorney with a history of success, and not just a handful of small cases. Cherundolo Law Firm, PLLC has the capacity to manage even the most complicated and high-value cases. A major win could mean millions of dollars in compensation for your child and family.
Negotiation
You have the right to financial compensation for past and future expenses if a mistake made by a doctor results in injuries to your child. It is also important to hold medical professionals accountable for their actions and advocate the development of better safety training. A malpractice lawsuit can be a complex issue that requires a skilled team of lawyers to navigate.
A birth injury lawyer can help gather evidence, create expert witness lists, and suggest an amount of settlement for your case. They may also take the case to trial if a settlement cannot be reached. In the majority of cases the first step is to show that a medical provider breached the standard of care. This can be accomplished using medical records and other documents relating to the incident. A medical expert will then give an opinion, typically through a deposition or a review of the case files.
Your lawyer will then be able to submit the expert's report to the insurance company, together with claims for damages. The insurer could offer an agreement. Your lawyer can negotiate the conditions of the agreement and determine if it is fair.
The long-term cost of birth injuries could be substantial, easily approaching (and sometimes exceeding) $1 million when taking into account the cost of medication therapy lost income, the cost for home modifications, and more. An experienced lawyer will know how to estimate these damages and be able to present them in a precise manner before a jury.
Insurance companies employ a variety of tactics to press injured plaintiffs into accepting low settlement offers. They often know that you are in urgent need of funds to cover medical expenses, and will try to force you to settle for much lower than what your case worth. A birth injury attorney can help you avoid these pressures and ensure that your settlement fairly reflects your actual losses.
Most lawyers charge a contingency fee which means that you don't have to pay any upfront fees. They will cover all costs of litigation and advance any fees that are required, such as expert or deposition costs. They will only be paid if they win a settlement or judgment on your behalf.
Expert Witnesses
In medical malpractice cases, expert witnesses play a crucial role in proving the elements of the claim. These experts are usually medical professionals who have specific knowledge of the relevant area of medicine. Expert witness's opinions are required to establish that a medical professional violated their duty of care by straying from accepted standards of care and, as a result, caused harm to the patient.
Your lawyer will work together with these experts to build your child's claim. They will go through the medical records, assess adherence to the medical standard of care, determine that the defendant's actions diverged from the standards of care, and link this negligence to your child's injuries. The experts will be required to testify about their findings in court, and also write reports.
An experienced attorney can identify and secure the top medical experts for your case. They will ensure that the experts you hire have a solid reputation in their field and they are able to explain complex or technical concepts to a jury. They can also create a strong case to support your claim based on the evidence of your child’s injuries, such as medical documents, imaging studies, or witness statements.
In addition to the expert witnesses your attorney will collaborate with, you might also require an economics expert to establish the value of your child's upcoming damages. This expert will help to estimate the lifetime cost of your child's care and treatment and also their lost earning capacity. Defendants often refute plaintiffs' expert witnesses by presenting their expert opinions.
A knowledgeable and experienced attorney is the most crucial step to pursue the legal right to claim a birth injury. A lawyer will help you gather the evidence you need, file your claim in court, and fight for all the compensation you're entitled to. They can guide you through the process and give you peace of assurance. A qualified birth injury lawyer will offer free consultations and an arrangement with a contingent fee. This means that you will not be required to pay until they win the case.
Demand Package
A demand package is a formal document that outlines all the economic and financial damages your client claims. These documents are usually presented during settlement negotiations, and a great one can help maximize the compensation of your client. The document should be presented in a chronological order so that your lawyer can clearly explain the severity of each injury. In your demand package you should include medical records, bills and evidence of post-accident treatment such as physical therapy. It should also contain detailed calculations of your client's economic losses, including lost income, future earning potential and cost of rehabilitation. This thorough analysis leaves no room for dispute and will strengthen your claim for future and past losses.
The majority of birth injuries are permanent which is why it is essential for families to receive compensation to pay for the future and current costs of medical care. Damage awards can range from small to catastrophic. The most severe cases, like cerebral palsy, as well as other permanently incapacitating conditions, typically result in multi-million dollar judgements and settlements.
Medical malpractice lawsuits are brought on the basis of two theories: medical errors and medical negligence. Medical errors are mistakes that a competent healthcare provider would not make in similar circumstances while medical negligence is when a medical professional fails to follow the required standard of medical care, resulting in injuries or even death. Most attorneys will use both theories in order to ensure that they cover all bases and secure the highest possible award for their clients.
Many states have special funds to pay families for medical expenses arising from birth injuries. Florida's Birth-Related Neurological Injury Compensation Program is one example. It provides lifetime payments to cover medical expenses and other costs. Other states have medical indemnity plans to reduce the costs of malpractice lawsuits, such as New York's earliest fund and Virginia's program which covers future healthcare costs after a verdict or settlement in a birth-related neurological injury case.
An attorney can assist parents in understanding the options available in obtaining damages resulting from negligence or medical mistakes. Accident Injury Lawyers can also navigate the complex process of submitting a birth-related injury lawsuit. The statute of limitations is different by state and restricts the length of time that a lawsuit can be filed.