You'll Never Guess This Erb's Palsy Settlement's Benefits

Erb's Palsy Litigation

Legal action after the brachial-plexus injury of your child could help you and your family to find closure. The process of litigation can be complex and requires an experienced lawyer.

A successful lawsuit may award your family compensation for your child's medical bills and any future treatment. Learn more about the Erb's palsy lawsuit process.

The Legal Process

The most frequent reason for families to file an Erb's palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money that is awarded in a settlement depends on the particular situation of your child as well as the severity of their injuries, but it can easily go into the millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. Lawyers for the plaintiff and the defendant collaborate to negotiate an agreement that is acceptable to both parties. This could speed up the legal process significantly and prevent your family from having a judge or jury decide their case. If your family is unable to come to a deal then you'll need to appear in the court. It can take a long time however, it could result in a higher amount.

The brachial plexus is a group of nerves which control movement within the arm. The forceful pulling of the head, neck, arms or shoulders during labor and delivery -- such as when doctors use forceps or vacuum extractors excessively -- can harm these nerves and cause erb's palsy law firm palsy. This type of injury is usually avoidable. Families are suing to hold negligent healthcare providers accountable for the injuries they cause. They also want to raise awareness of this birth injury that could have been prevented. In the past these lawsuits helped families secure an appropriate financial settlement to support their child's future.

Mediation or Arbitration

If your child sustained a brachial plexus injury in the womb due to medical negligence, an Erb's settlement can help you pay for their care. This could include therapy, treatment devices, assistive devices, and procedures.

Many lawsuits are settled outside of court. This lets plaintiffs receive their compensation quicker and eliminates the possibility of a court in the future reversing a jury's verdict. Your lawyer and hospital's lawyers will most likely try to come to an agreement before the trial begins.

If you are unable to reach an agreement, your case will be taken to arbitration. A neutral third party will hear both sides and determine who wins the case. This type of hearing is more informal than a court trial, but it is essential to present witnesses and physical evidence.

You will also require copies of all legal documents as well as witnesses to present at the hearing. You can have witnesses present at the hearing in person, or you can provide their statements through video conference. Subpoenas should be sent in advance to all witnesses so that they are aware the requirement to attend the hearing. In addition, you must have the addresses of your witnesses and contact numbers on file in case they are called as a witness in the future.

A complaint to the court

Many children who suffer from Erb's palsy can overcome physical limitations through intense physical therapy every day. Some may require surgery to fix torn or damaged nerve fibers. However, a significant number of children don't recover to a significant degree and will be forced to live with the handicaps of this birth injury for the rest of their lives. Parents who believe their child's Erb's palsy was due to medical negligence during the birth process are entitled to claim an appropriate amount of compensation for their child's injuries.

Your lawyer will collaborate with doctors that specialize in treating this condition to produce an estimated cost of living for life estimate. This is used to determine how much you're entitled to from your Erb's palsy settlement. Your lawyer can also help to obtain copies of your child’s medical records, and look into whether the doctor who treated your child had a previous history of malpractice cases.

When your lawyer has a good understanding of your child's injuries, she will file your lawsuit against the defendants. Both sides will go through the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is an essential aspect of your legal case as it allows you to construct your arguments. It can take up to a year to negotiate a settlement.

Settlement

When your erb's palsy lawyers palsy lawsuit is successful, Erb's your lawyer might be able get compensation that covers medical expenses and future costs for treatment such as adaptive devices and physical therapy. You could receive damages due to emotional trauma or loss of quality of life.

Your lawyer will need evidence to prove that negligence caused the injury to the brachial plexus in your child. This could include medical records and witness statements as well expert testimony. Once your lawyer has collected the evidence, he or she will file a lawsuit against the defendants. They are typically the medical professionals that provided your child with. The defendants will be given a specific amount of time to reply to the lawsuit, and during this discovery phase both sides will collect additional evidence to support their assertions.

Most lawsuits are settled out of court rather than going to trial as it is more cost-effective for all parties involved. If however, your attorney believes that they can win in court, they could decide to pursue the case all the way to the verdict of a jury. A successful verdict in the case of a birth injury lawsuit may give families a sense of justice, and also help to raise awareness to prevent these kinds of injuries from happening in the future. However, if the verdict is not in your favor it is possible to appeal the decision. This could take a bit longer, but it will increase the amount you get.