erb's palsy lawyers Palsy Litigation

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

If you win your lawsuit, your family will receive compensation for medical bills of your child as well as future treatment. Learn more about the Erb's syndrome lawsuit procedure.

The Legal Process

The most frequent reason for families to start an Erb's Palsy lawsuit is to recover compensation for medical expenses and other losses. The amount of money awarded is contingent on the severity of your child's injuries as well as the particular case. It could easily reach millions of dollars.

Many of Erb's palsy lawsuits have been settled outside of court. The lawyers for both plaintiff and defendant work together to find an agreement that is acceptable to both parties. This can drastically cut down on the legal process, and also prevent your family from having to go before jurors or judges. If your family is unable come to a deal, you will need to go to the court. This can take a considerable amount of time, but can also result in a bigger settlement.

The brachial nerves control the movement of the arm. During labor and birth excessive forceful pulling on the neck, head, or shoulders or on the arms can result in damage to these nerves and cause Erb's palsy. In many instances, the injury can be prevented. Families file lawsuits to hold negligent healthcare providers accountable for the harm they cause. They also want to spread awareness about this birth injury that could have been prevented. In the past these lawsuits helped families get an equitable financial settlement that helped their child's future.

Mediation or Arbitration

If your child was injured in the womb by medical negligence and was later diagnosed with brachial sprains, an Erb's Palsy settlement could help you pay for their care. This could include treatment, therapy as well as assistive devices and surgeries.

Many lawsuits settle out of court. This allows plaintiffs receive compensation quicker and eliminates the possibility of a judge in the future reversing a jury's verdict. Your lawyer and hospital attorneys will most likely seek to negotiate a settlement before the trial starts.

If you're unable to come to a deal your case will be sent to arbitration. This means that an impartial third party will be able to hear both sides and determine who wins the lawsuit. This type of hearing is more informal than a court trial however, it is crucial to present witnesses and physical evidence.

You will also require copies of all legal documents and witnesses to appear at the hearing. You can choose to witness your witnesses attend the hearing or present their testimony via video conferencing. You must ensure that all your witnesses are aware that they will be required to attend the hearing by submitting subpoenas prior to the hearing. Additionally, you should have your witnesses' addresses and phone numbers in case in case they are called as a witness in the future.

Complaints in the Court

Many children who suffer from Erb's Palsy can overcome physical limitations with regular physical therapy. Some will require surgery to fix torn or damaged nerve fibers. A large number of children do not recover and are forced to live with the consequences of this birth injury. Parents who believe their child's Erb's palsy was due to medical negligence during the birth process are entitled to seek an appropriate amount of compensation for the injuries suffered by their child.

To establish the value of your case, your lawyer will work with specialists in treating these ailments to develop a life-long cost-of-living estimate. This will help you determine the amount of compensation you're entitled to from your Erb’s palsy settlement. Your lawyer can also help you get copies of the medical records for your child and investigate whether the doctor who was involved in your child's birth had previous malpractice cases.

Once your lawyer understands the child's injuries she will make a claim against the defendants. Both sides will go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is an essential aspect of your legal argument because it allows you to build your arguments. Settlements can last for up to one year.

Settlement

If your erb's palsy law firm Palsy lawsuit is successful, your lawyer may be able get compensation for medical costs and future treatment costs such as adaptive devices and physical therapy. You could also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will have to gather evidence to prove the malpractice that caused your child's brachial plexus injury which could include medical records, witness statements and expert testimony. Once your lawyer has collected the evidence, they will start a lawsuit against defendants. These are usually the medical professionals that delivered your child. The defendants will be given a specific period of time to respond to the suit, and during this discovery phase, Erb's palsy lawsuits both sides will gather additional evidence to prove their assertions.

Most lawsuits are settled out of court instead of going to trial, since it's cheaper for all parties involved. If your lawyer believes that they can win in court, they might decide to pursue the case all the way to the verdict of a jury. A successful verdict can give families a sense of justice and help educate people about how to avoid any future birth injuries. If your verdict isn't favorable you may appeal. The process could take longer, but can increase the amount you are awarded.