The experienced Illinois childbirth negligence lawyers at our firm know that it takes continued advocacy to ensure that clients receive the legal representation they need from the beginning of a case to the end. Unlike the frequent misguided portrayals made by those seeking tort reform, defendants in civil actions-including birth injury lawsuits-usually throw up every defense possible and use stalling tactics to fight efforts to hold negligent wrongdoers accountable for the consequences of their actions. The need to fight through the legal stall tactics is one reason why it is important for victims of these injuries to seek out experienced legal professionals who have consistently seen these cases through to the end.
For one thing, investigation and analysis must be conducted before the suit is even filed so that proper information can be included in a complaint. The complaint is the formal legal document filed by the plaintiff which initiates a civil action. After the complaint is filed defense attorneys often try to get the lawsuit thrown out of court on technicalities by filing a motion to dismiss. If the plaintiff survives that then discovery is conducted where information is collected on both sides. Near the end of the discovery process defense lawyers often try to defeat the measure again by filing a motion for summary judgment. It is only is the plaintiff withstands that attempt that the case actually goes to trial.
Of course, there are no guarantees that a jury will return a verdict for the plaintiff. Both sides have the ability to present their side of the story, and the plaintiff retains the burden of proof. Essentially that means that in the event of a “tie,” the defendant wins. However, even after a jury returns a verdict for a plaintiff, work must be conducted to ensure that the victim actually receives the award to which they are entitled. Many insurance companies, hospitals, and defendants attempt to use stall tactics even after money is owed to block the collection. It takes focused, experienced legal professionals to follow the case all the way through and ensure that victims actually receive what they are entitled in as efficient a manner as possible.
For example, last week the Trib Today published a story on the stall tactics conducted by one insurance company that delayed as long as possible after a birth injury lawsuit led to a verdict for a plaintiff. After losing a $9.7 million medical malpractice case, an insurance company appealed, but they refused to post a bond which was required for that appeal. The delay in posting the bond meant that the plaintiff’s attorneys began action against in the individual doctor involved in the case-even though the judgment was supposed to be paid by the insurance company. Eventually, only after a filing a lawsuit claiming that they were not required to post a bond (over a year after the verdict), did the company finally do as required.
Our Illinois birth injury lawsuits are experienced professionals who have followed through on countless cases for victims to ensure that they actually receive the funds that they are owed in a timely matter. Winning a verdict or reaching a settlement means little to the plaintiff’s until they actually receive the redress required.
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