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Why You Need an Attorney for Birth Injury Claims Birth of a baby is a wonder. If a medical error occurs during labor and birth it could be catastrophic. Injuries may require years of therapy or surgeries, assistive devices and other costly medical treatment. Compensation can help relieve the financial burden and allow parents to focus on their child's needs. Representation in Court Whether you're seeking an out-of-court settlement or a verdict from a jury an attorney can handle your communications with insurance companies and medical providers on your behalf. This allows you to concentrate on the health of your child. It's the job of your lawyer to show that a midwife, doctor nurse, anesthesiologist or any other medical professional violated the accepted guidelines of practice during labor and delivery, and that this breach caused your child's injury. This involves obtaining and reviewing medical records, consulting experts in the field, as well as identifying the policies and procedures that were not followed. Your lawyer will also work to determine the damages you have suffered. This could include the reimbursement of your child's past and future medical expenses, lost wages, pain and suffering, and emotional distress. In rare cases your attorney may also pursue punitive damage to punish the defendant. birth injury attorney fort collins with years of experience can help you through this procedure. They can determine who could be accountable and collaborate with financial and medical experts to determine the amount of damages for your family. Generally, your attorney will file the Summons and Complaint in court, and the defendant will be given the chance to respond. In the majority of cases the parties will attempt to reach a settlement outside of court. If a settlement cannot be reached the case will be heard. Trials can last up to an entire week, based on the complexity of your case as well as the evidence or testimony required. It's important to remember that a lot of birth injury lawsuits are settled before trial. You should seek out an attorney for your birth injury claim who has the resources to create a strong case and bring it to resolution and a full trial, if necessary. This is why you need to find an attorney with an established track record of success and wins big cases, not just a handful of small ones. Cherundolo Law Firm, PLLC has the resources to deal with even the most difficult and high-value cases. A big win can mean millions of dollars for your family and children. Negotiation You have the right to financial compensation for past and future expenses if a medical error causes injuries to your child. You also deserve to ensure that medical professionals are accountable and motivate improved safety training. But, a malpractice lawsuit is a complicated matter that requires a strong legal team to navigate. A birth injury lawyer can help you gather evidence, create expert witness lists, and recommend a settlement amount for your case. They can also take your case to trial if a settlement cannot be reached. In the majority of cases, proving that a medical professional has breached an ethical standard is the first step. This can be accomplished using medical records as well as other documents relating to the incident. A medical expert will then provide an opinion, usually through a deposition or a review of the case files. Your attorney can then submit the expert's report to the insurance company, together with an offer for damages. The insurance company may then offer an agreement. Your attorney can negotiate conditions of the agreement to determine if it is fair. The long-term cost of a birth defect could be significant. It could easily reach (and sometimes even exceed) $1 million when you consider the cost of medications, therapy, lost wages, expenses for home modification and much more. A skilled lawyer will be able to calculate these damages and be able to present them in a precise manner before the jury. Insurers use a variety of strategies to force injured plaintiffs into accepting low settlement offers. They know that you need funds to pay medical expenses and will attempt to convince you to settle your case for less than what it's worth. A birth injury attorney can help you ward off these pressures and ensure that the settlement is fair and reflects your actual losses. Most lawyers charge a contingency cost which means that you don't have to pay any upfront fees. They will take care of the cost of litigation and pay for any expenses necessary, such as expert and deposition costs, and they will only be paid if they win a judgment or settlement on your behalf. Expert Witnesses Expert witnesses are essential in medical malpractice cases. They can provide evidence to support the aspects of a claim. In birth injury cases they are typically medical professionals who have specialized knowledge in the area of medicine that is relevant to the particular case. The expert witness is required to show that the medical professional acted in violation of their duty to care by straying from established standards of care and, as a result it caused harm to a patient. Your attorney will work closely with these experts throughout the process of establishing your child's legal claim. They will look over medical records, decide if the defendant has adhered to the standards of medical care determine whether the defendant's actions deviated from this standard, and then connect this negligence with the injuries of your child. These experts may be called upon to testify in court about their findings, and they may also write reports. An experienced attorney can identify and retain the best medical experts for your case. They will make sure that the experts that you hire are well-respected in their field and can explain complex or technical concepts to jurors. They will also be able to build an argument that is strong for your claim based on the evidence of your child's injury, including medical reports, imaging studies and witness statements. You may need to retain an economist in addition to the expert witnesses your attorney will use to determine the future damages for your child. This expert will calculate the lifetime costs of your child's treatment and care and also his or her lost earning capacity. Plaintiffs frequently challenge plaintiffs' expert witnesses by giving their own opinions as experts. An experienced and knowledgeable lawyer is the most crucial step to pursue a legal claim for a birth injury. A lawyer can help you collect evidence and file a claim in court, and fight for the compensation you are entitled to. They will guide you through the process and give you peace of mind. A competent birth injury lawyer will provide free consultations and an arrangement for a contingent fee. This means that you do not have to pay unless they win the case. Demand Package A demand package is a document that lists all the financial and non-economic damages that your client is claiming. These documents are used in settlement negotiations, and a well-crafted one can maximize the compensation of your client. The document must be presented in chronological order so that your attorney can clearly explain the severity of each injury. In your demand document you should include medical records, bills and proof of post-accident treatment such as physical therapy. Include detailed calculations of the client's economic loss, such as lost earnings, future earning potential and the cost of retraining. This comprehensive analysis leaves little room for debate and supports your claim. The majority of birth injuries have a lifelong impact, which is why it is crucial for families to be compensated to cover current and future costs for care. Damage awards can range from small to catastrophic. The most serious cases, such as cerebral palsy, as well as other permanently disabled conditions, usually result in multimillion-dollar judgments and settlements. Medical malpractice lawsuits can be filed on the basis of two theories: medical errors and medical negligence. Medical negligence occurs when a healthcare professional fails to meet the standard of care and causes injuries or even death. A majority of attorneys will plead both theories to ensure that all bases are covered and their clients get the maximum possible compensation. Many states have special funds that reimburse families for medical expenses that result from birth injuries. For instance Florida's Birth-Related Neurological Injury Compensation Program covers lifetime payments for medical treatment and other expenses. Medical indemnity plans are available in other states to help reduce the costs of malpractice lawsuits. New York, for instance, has one of the oldest funds, and Virginia's program will cover future medical health care after a verdict is or settlement is reached in the case of a birth-related neurological injury. An attorney can help parents to understand the options available for recovering damages caused by medical errors or negligent actions. An attorney can also assist parents navigate the complex process of filing a lawsuit for birth injury. Depending on the state, the statute of limitations can limit the time window within which a lawsuit must be filed.