mount vernon erb's palsy attorney Palsy Litigation

The legal process in the aftermath of your child's brachial-plexus injury can help bring your family and you closure. However, the litigation process is a bit complicated and requires skilled legal representation.

If you are successful in your lawsuit, your family will be awarded compensation for the medical expenses of your child as well as future treatment. Find out more about the Erb's 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 that is awarded in a settlement is dependent on your child's specific case and the extent of their injuries, but it can easily go into the thousands of dollars.

Many of the Erb's Palsy lawsuits are settled without court. The lawyers for both plaintiff and the defendant will come together to negotiate a settlement that is acceptable to both parties. This can drastically cut down on the legal process and avoid your family from having to appear before jurors or judges. If your family is unable reach an agreement on a settlement then you'll need to go to court. This could take a long time, however, it could result in a larger award.

The brachial complex is a collection of nerves that control movement in the arm. When you are pregnant, excessive forceful pulling of the neck, head or shoulders or on arms, could damage these nerves, causing Erb's palsy. In many cases, this injury can be prevented. Families can file a lawsuit to make healthcare professionals who are negligent accountable for the injuries that they cause. They also want to create awareness about the birth injury that could have been avoided. In the past the lawsuits have helped families secure an appropriate financial settlement to get their child's life back on the right track.

Mediation or Arbitration

If your child was injured while in the womb as a result of medical negligence and suffered brachial palsy, anErb's settlement for palsy can help pay for their treatment. This may include treatment, therapy aids, assistive devices, as well as surgeries.

Many lawsuits are settled out of court. This allows plaintiffs to receive compensation more quickly and prevents the possibility that a judge could invalidate a verdict handed down by a jury. Your lawyer and hospital's attorneys are likely to try to reach a settlement before the trial gets underway.

If you're unable to agree to a settlement the case will go to arbitration. A neutral third party will be able to hear both sides and decide who is the winner of the case. This type of hearing is more informal than a court case, but it is essential to provide witnesses and physical evidence.

You will also need copies of all legal documents and witnesses to appear at the hearing. Witnesses are able to attend the hearing in person, Erb's Palsy law firm or you can provide their statements via video conference. You must ensure that all of your witnesses are aware they will be required to appear at the hearing by submitting subpoenas ahead of time. Also, keep your witnesses' numbers and addresses on file, in case you have to contact them as a future witness.

Complaint in the Court

Many children suffering from Erb's Palsy can overcome physical limitations through intense physical therapy every day. Some will require surgery to fix torn or separated nerve fibers. However, a large percentage of children will not recover to any measurable degree and will have to live with the handicapping effects of this birth injury for life. Parents who believe that their child's Erb's paralysis was the result of medical negligence during the birth process are entitled to claim fair compensation for their child's injuries.

To establish the value of your case Your lawyer will work with doctors who are experts in treating these conditions to come up with a lifetime cost-of living estimate. This will help determine the amount you are entitled to receive from the university city erb's palsy law firm palsy settlement. Your lawyer can also assist you get copies of your child's medical records and determine if the doctor who performed the birth of your child had an history of similar malpractice cases.

When your lawyer has a clear knowledge of the injuries suffered by your child, she will file your lawsuit against the defendants. Both sides will go though the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is an essential aspect of your legal argument because it allows you to build your arguments. It can take up a year to settle a case.

Settlement

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

Your lawyer will have to gather evidence to prove malpractice that caused the brachial plexus injury to your child, which could include medical records, witness statements, and expert testimony. After your lawyer has collected this evidence, they'll bring the lawsuit against the defendants, who are usually the medical professionals who gave your child. The defendants are then given a certain time frame to respond. During this discovery phase each side will collect evidence to support their claims.

Most lawsuits settle out of court, rather than go to trial, because it's cost-effective for all parties involved. If your attorney is confident that they'll win the case at trial it could be decided to take it to the jury for a verdict. A successful verdict will give families a sense of justice and raise awareness about how to avoid any future birth injuries. If, however, your verdict is not favorable to you then you may appeal the decision. This procedure could take longer, but it could raise the amount you receive.