labelle erb's palsy law firm Palsy Litigation

In the aftermath of your child's brachial injury can help bring you and your family closure. The process of litigation can be complex and requires an experienced lawyer.

If you are successful in your lawsuit, your family will receive compensation for medical expenses of your child and future treatment. Find out more about the new mexico erb's palsy law firm palsy litigation process.

The Legal Process

The most popular reason families pursue an Erb's-related lawsuit is to get compensation for medical expenses and other losses. The amount of money offered in a settlement is dependent on the particular case of your child and the severity of their injuries but it could easily reach the thousands of dollars.

Many of the Erb's Palsy lawsuits have been settled out of court. Lawyers representing the plaintiff and the defendant collaborate to negotiate a settlement that will satisfy both parties. This can drastically reduce the legal process, and also prevent your family from facing the jury or judge. If your family is unable to reach a settlement and you are unable to reach a settlement, you must go to court. It can take a long time, but it can also potentially result in a larger award.

The brachial plexus is a set of nerves that regulate movement within the arm. Forcing the head, neck, shoulders or arms during labor and birthfor example, when doctors utilize forceps, vacuum extractors, or other tools excessively -- can harm these nerves and lead to Erb's palsy. In many instances, the injury can be prevented. Families bring lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also seek to raise awareness about the birth injury that could have been prevented. In the past, these lawsuits have helped families receive an affordable financial settlement to help their child's future.

Arbitration or Mediation

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

Many lawsuits settle outside of court. This lets plaintiffs receive compensation faster and avoids the possibility that a court might overturn a decision made by the jury. Your lawyer and hospital's lawyers will probably seek to negotiate a settlement before the trial begins.

If you are unable settle your dispute your case will be sent to arbitration. This means that a neutral third party will hear both sides and decide who will win the case. The hearing may be more informal than a trial, however it's crucial to present physical evidence and witnesses for the proceedings.

You will also require copies of all legal documents as well as witnesses to present at the hearing. You can have witnesses attend the hearing in person, or you can submit their statements via video conference. Subpoenas need to be sent in advance to all witnesses to ensure that they are aware the requirement that they attend the hearing. Keep your witnesses' phone numbers and addresses on file, in case you need to call them as witnesses in the future.

Complaint in the Court

Many children with Erb's Palsy can overcome physical limitations through intensive daily physical therapy. Some will require surgery to fix torn or separated nerve fibers. A large number of children do not recover and are forced to live their lives suffering the effects of this birth injury. Parents who believe their child's Erb's syndrome was the result of negligence by a medical professional during the birth process have the right claim an appropriate amount of compensation for their child's injuries.

Your lawyer will work with doctors that specialize in treating this condition. They will create an estimated cost of living for life estimate. This will allow you to determine the amount of compensation you're entitled to from your Erb’s palsy settlement. Your lawyer can also help you obtain copies of your child's medical records, and look into whether or not the doctor Vimeo who gave you your child's treatment had a previous record of malpractice cases.

Once your lawyer has a solid understanding of your child's injuries then she will file your lawsuit against the defendants. Both parties will undergo the discovery phase, which includes exchanging evidence including expert opinions, depositions and medical documents and more. This is a crucial part of your legal defense because it helps you build your case. Settlements can last for up to one year.

Settlement

If your Erb's-Pallsy lawsuit is successful your lawyer might be able obtain compensation to cover medical expenses including future treatment costs, adaptive devices in addition to physical therapy. You may receive damages due to emotional trauma or loss of quality of life.

Your lawyer will need to gather evidence to prove the mistake that led to the brachial plexus injury to your child which could include medical documents, witness statements and expert testimony. Once your lawyer has gathered the evidence, he will start a lawsuit against defendants. These are usually the medical professionals that delivered your child. The defendants are then given a set amount of time to respond. In this discovery phase each side will collect evidence to back up their claims.

Most lawsuits are settled outside of court rather than going to trial because it is cost-effective for all parties involved. If your attorney is confident that they will win the case at trial, they might decide to try to get an appeal to a jury verdict. A successful verdict in an injury lawsuit for birth can give families a sense justice and help raise awareness to prevent these types of injuries from happening again in the future. If your verdict is not in your favor You can appeal the decision. While this process could take more time however, it could also increase the amount of the amount you are awarded.