Has your newborn baby sustained a neonatal injury? Instead of being overjoyed for holding this little creature in your arms, you’re certainly infuriated by the incident that happened as a result of malpractice.
However, opposed to panicking and settling for inadequate compensation, you’re supposed to hire legal assistance, specifically a birth injury lawyer. This professional is armed with the right amount of experience and expertise in this field of law, thus being able to assess the trauma, determine its consequences, gather the indispensable evidence and provide you with your well-deserved compensation.
These are the main benefits of hiring a New York birth injury lawyer and winning the legal battle.
Assess the birth injury
The primary action of hiring this type of lawyer would be assessing the injury that the child has sustained. Actually, there’s a wide range of neonatal injuries, ranging from oxygen deprivation, cerebral palsy to suffering trauma.
Therefore, the attorney’s job would be to determine the exact cause and more importantly make the distinction between birth an injury and defect. In the former case, the medical personnel is held responsible for the sustained trauma, as a result of negligence. In the latter case, nobody is considered responsible, as defects do not result from malpractice.
However, in this type of unfortunate situation, some doctors will do everything in their power to persuade the authorities that the ultimate result is a defect, not an injury, so as to avoid being sued for malpractice. Numerous doctors are prepared to take this drastic step solely to shield their reputation. Therefore, in order to prevent getting deceived, make sure you hire a lawyer who will attentively analyze the entire situation and find the culprit.
Determining the long-term consequences
Apart from determining the type of birth trauma, the following step of the attorney would be to analyze in what way its severity will influence the child’s future life. He/ She will discover if the incident requires subsequent surgeries or regular treatments that would impair the victim from leading a normal life.
Moreover, it has to be determined whether this incident will pose certain restrictions on the child’s everyday life, because of which he/she won’t be able to enjoy its childhood. Also, the attorney is supposed to investigate whether the trauma could have been prevented. Click here to take a look at some of the long-term health consequences of neonatal trauma.
Gather the necessary evidence
After ascertaining the type of neonatal injury as well as its long-term consequences, the lawyer is going to gather all the relevant documents that may serve as evidence. Also, he/she is going to provide testimonies from eyewitnesses and medical experts, whose professional opinion will be valued in court.
Anyhow, you’re capable of collecting the evidence on your own, but you’ll waste plenty of time on obtaining the required documents that an attorney is able to get in the blink of an eye. Additionally, it’s more complicated for an individual to secure witnesses and experts. Thus, hiring a lawyer is going to save you both time and trouble, which are of great importance in this type of situation.
Work in your best interest
The greatest benefit of hiring such an attorney is that this professional will work in your best interest, protecting your rights and ensuring maximal compensation. After filing a claim, in most cases, the accused offer a settlement in return for not going to trial. Your lawyer is going to advise you for or against accepting the financial compensation, by providing reasonable arguments.
Furthermore, this professional will seek maximum compensation regarding your emotional suffering as well as all the other future costs, such as medical bills, counseling sessions, or paying for physical therapy. This compensation should also cover any type of alterations you’d have to do to your house, as a result of the injury. Visit the following link: Pain and suffering, to learn more about the term emotional pain and suffering.
Having this type of a professional by your side in the courtroom is going to provide with the peace of mind that you’re going to win the case.
Make sure you hire the best one!