charleroi erb's palsy law firm Palsy Litigation

Taking legal action in the aftermath of your child's brachial injury can help bring you and your family closure. However, the process of litigation is complicated and requires experienced legal representation.

If you win your lawsuit, your family will receive compensation for the medical expenses of your child as well as future treatment. Find out 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 obtain compensation for medical expenses and other losses. The amount of money awarded will depend on the severity of your child's injuries and the particular situation. It can easily reach millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. The lawyers representing both the plaintiff and the defendant will work together to find an acceptable settlement to both parties. This can significantly shorten the legal process, and also prevent your family from having to go before jurors or judges. If your family members are unable to agree on a settlement and you are unable to reach a settlement, you must go to the court. This can also take a long time, but it could also result in a larger award.

The brachial nerves control the movement of the arm. Forceful pulling on the neck, head arms or shoulders during labor and delivery- such as when doctors employ forceps or vacuum extractors in excess -- can damage these nerves and lead to Erb's palsy. In many instances, the injury can be prevented. Families seek to make negligent healthcare providers accountable for the harm they cause. They also wish to spread awareness about the birth injury which could have been prevented. In the past, these lawsuits have helped families obtain an appropriate settlement in order to ensure their child's future.

Mediation or Arbitration

If your child sustained an injury to the brachial nerve during pregnancy due to medical negligence, an Erb's settlement can help you pay for his or her treatment. This could include treatment, Terrell Hills Erb's Palsy Law Firm therapy, assistive devices, and operations.

Many lawsuits are settled out of court. This allows plaintiffs to receive their compensation faster and eliminates the possibility that a judge could overturn a verdict awarded by a jury. Your lawyer and the hospital attorneys will most likely try to reach an agreement before the trial begins.

If you are not able to reach an agreement, your case will be referred to arbitration. A neutral third party will listen to both sides and decide who wins the case. The hearing may be more informal than a trial, but it's crucial to present witnesses and evidence in the hearing.

You should also 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 testimony via video conferencing. Subpoenas need to be sent in advance to all witnesses to ensure they are aware of the requirement to be present at the hearing. Also, keep your witnesses' phone numbers and addresses on file in case you have to call them as witnesses in the future.

Complaint in Court

Many children suffering from Erb's palsy can overcome physical limitations through daily physical therapy. Some may require surgery to repair torn or damaged nerve fibers. However, a substantial proportion of children are not able to recover to any measurable degree and will be forced to live with the handicaps of this birth injury for life. Parents who believe that their child's erb's palsy attorney palsy was due to negligence in the delivery process have the right claim fair compensation for their child's injuries.

Your lawyer will work with specialists in treating this condition to produce the lifetime cost of living estimate. This will help determine the amount you are entitled to receive from your Erb's palsy settlement. Your lawyer can also help you obtain copies of your child’s medical records, and investigate whether the doctor who treated your child had a previous record of malpractice cases.

Once your lawyer understands the harms your child has suffered then she will file a lawsuit against the defendants. Both sides go through the discovery phase. This includes exchanging evidence, which includes expert opinions and Taos Erb's Palsy Attorney depositions. Additional medical documents are also included. This is a crucial part of the legal process because it gives both sides the chance to develop their arguments. It could take up to one year to negotiate a settlement.

Settlement

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

Your lawyer will require evidence to prove that negligence caused the injury to the brachial area in your child. This may include medical records and witness statements, as well as expert testimony. Once your lawyer has gathered the evidence, he or she will start a lawsuit against defendants. These are usually the medical professionals that gave your child. The defendants are then given a certain period of time to respond. In this phase of discovery each side will gather evidence to support their claims.

Most lawsuits are settled outside of court rather than going to trial since it is cheaper for everyone involved. If your lawyer believes that they can win in court, they could decide to take the case all the way to an appeals court verdict. A successful verdict can bring families a sense that justice has been done and help educate people about how to avoid any future birth injuries. If your verdict is not favorable you can appeal. While this process can take longer however, it could also increase the amount of the amount you are awarded.