erb's palsy attorneys Palsy Litigation

Legal action in the aftermath of your child's brachial plexus injury can bring your family and you closure. The process of litigation is complicated and requires an experienced lawyer.

If you prevail in your lawsuit, your family can receive compensation for medical bills of your child as well as future treatment. Read on to learn more about the erb's palsy law firms, recommended, Palsy lawsuit procedure.

The Legal Process

Families file Erb's Palsy lawsuits to recover the cost of medical treatment and other losses. The amount of money awarded will depend on the severity of your child's injuries as well as the particular case. It could easily be millions of dollars.

Many of the erb's palsy attorneys Palsy lawsuits are settled without court. The lawyers representing both the plaintiff and the defendant will come together to negotiate a settlement that is acceptable to both parties. This can drastically reduce the legal process and Erb's palsy law firms save your family from having to appear before jurors or judges. If your family is unable reach an agreement on a settlement and you are unable to reach a settlement, you must go to court. This could take a long amount of time, but can also result in a larger settlement.

The brachial plexus is a set of nerves which control movement in the arm. A forceful pull on the head, neck, shoulders or arms during labor and delivery -like when doctors utilize forceps, vacuum extractors, or other tools excessively -- can damage the nerves and cause Erb's palsy. In many instances, the injury is preventable. Families bring a lawsuit to hold negligent healthcare professionals accountable for the injuries they cause. They also want to create awareness of this birth injury which could have been avoided. In the past these lawsuits have helped families get an affordable financial settlement and help their child get back on path.

Arbitration or Mediation

If your child was injured during the womb as a result of medical negligence and has suffered brachial palsy, an Erb's Palsy settlement can help you pay for their care. This could include therapy, surgery as well as assistive devices and treatment.

Many lawsuits are settled outside of court. This allows plaintiffs receive compensation faster and prevents the possibility of a judge ruling to overturn a jury verdict. Your lawyer and the hospital's attorneys will likely seek a settlement prior to when the trial gets underway.

If you're not able to reach a settlement the case will go to arbitration. This means that an impartial third party will take in both sides and decide who will win the case. This hearing is more informal than a court trial however, it is crucial to have witnesses present and physical evidence.

It is also necessary to have copies of all your legal documents and witnesses in order to present them at the hearing. You can either witness your witnesses attend the hearing or present their statements via videoconferencing. You must ensure that all of witnesses are aware that they are required to attend the hearing by submitting subpoenas prior to the hearing. Additionally, you should have their addresses and contact numbers on file in case they are required to appear as witnesses in the future.

Complaint in the Court

Many children suffering from Erb's syndrome can overcome physical limitations through intense physical therapy every day. Some children will require surgery to repair damaged nerve fibers. A significant number of children are never able to recover and must continue to live suffering the effects of this birth injury. Parents who believe that their child's Erb palsy is the result of medical malpractice during the delivery process are entitled to fair compensation.

To determine the value of your case Your lawyer will work with specialists in treating these ailments to come up with a lifetime cost-of living estimate. This will allow you to determine the amount of compensation you are entitled to from your Erb’s palsy settlement. Your lawyer can also assist you obtain copies of the medical records for your child and determine if the doctor who performed your child's birth had prior experience with similar malpractice cases.

When your lawyer has a thorough understanding of your child's injuries and the extent of the injuries, she will file a lawsuit against the defendants. Both sides go through the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is an essential part of your legal action because it gives both sides the chance to build their arguments. It could take up to an entire year before you can settle a case.

Settlement

If your Erb's-Pallsy lawsuit is a success the lawyer may be able to secure compensation to cover medical expenses, future treatment costs and adaptive devices and physical therapy. You may also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will have to collect evidence to prove the error that caused your child's brachial-plexus injury and may include medical records, witness statements, and expert testimony. Once your lawyer has gathered the evidence, he will make a claim against the defendants. These are usually the medical professionals who have delivered your child. The defendants are then given a certain time frame to respond. In this discovery phase the parties will gather evidence to support its claims.

Most lawsuits settle out of court rather than going to trial because it's more cost-effective for all parties involved. If your lawyer believes they will win at trial, they may decide to pursue the case to an appeals court verdict. A successful verdict in a birth injury lawsuit could bring families a sense of justice and help raise awareness and prevent these types of injuries from happening again in the future. However, if the verdict is not favorable to you then you may appeal the decision. This procedure could take longer, but it can increase the amount you get.