wilson erb's palsy attorney Palsy Litigation

Legal action following your child's brachial-plexus injury may help you and your family members find closure. However, the process of litigation is a bit complicated and requires skilled legal representation.

A successful lawsuit could award your family members compensation for your child's medical bills and any future treatment. Learn more about the Erb's syndrome lawsuit procedure.

The Legal Process

The most popular reason for families to file an Erb's palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money awarded is contingent on the severity of your child's injuries and the specific 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 defendant collaborate to negotiate an acceptable settlement to both parties. This could speed up the legal process by a significant amount and lawsuit prevent your family from having a judge or jury decide the case. However, if your family members cannot reach the terms of settlement, you'll need to go to trial. It can take a long time but it can also potentially result in a higher award.

The brachial nerves regulate the movement of the arm. When you are pregnant excessive forceful pulling on the neck, head or shoulders, or on arms, could cause damage to these nerves, leading to Erb's Palsy. In many instances, the injury can be prevented. Families file a lawsuit to make healthcare professionals who are negligent accountable for the harms they cause. They also want to raise awareness of this birth injury that could have been avoided. In the past, these lawsuits have allowed families to obtain a fair financial settlement and get their child's life back on path.

Arbitration or Mediation

If your child was injured in the womb due to medical negligence and suffered brachial palsy, anErb's Palsy settlement can help you to pay for their medical treatment. This may include therapy, treatment aids, assistive devices, as well as procedures.

Many lawsuits settle outside of court. This allows plaintiffs receive an amount of money faster and avoids the possibility of a court overturning a jury verdict. Your lawyer and hospital's attorneys are likely to try to reach an agreement prior to the trial gets underway.

If you are unable come to a deal the case will be taken to arbitration. This means that an impartial third party will take in both sides and determine who will win the lawsuit. This type of hearing can be more informal than a trial, however it is crucial to present witnesses and evidence to the proceedings.

Also, you must have copies of all your legal documents and witnesses to present them at the hearing. Witnesses are able to present at the hearing in person or they can give their testimony via video conferencing. You must ensure that all your witnesses are aware they are required to attend the hearing by submitting subpoenas ahead of time. In addition, you must have their addresses and contact numbers on file in case they are required to appear as witnesses in the future.

Complaints in Court

Many children with erb's palsy lawyer Palsy can overcome physical limitations through intensive daily physical therapy. Some children may require surgery to repair torn nerve fibers. A large percentage of children are not able to recover and will have to live suffering the effects of this birth injury. Parents who believe that their Erb's palsy in their child was due to negligence in the delivery procedure have the right to seek fair compensation for their child's injuries.

Your lawyer will work with doctors who specialize in treating this condition to create an annual cost of living estimate. This will help you determine the amount of compensation you are entitled to from your Erb’s palsy settlement. Your lawyer can also assist you obtain copies of your child's medical records and determine if the doctor who performed the birth of your child had a history of similar 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 be involved in the discovery phase which involves exchanging evidence like expert opinions, depositions and medical documents, and so on. This is an important part of your legal defense because it allows you to build your arguments. Settlements can take as long as one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer might be able to obtain compensation for medical expenses and future treatment costs which include adaptive devices and physical therapy. You may receive damages due to emotional trauma or loss of quality of living.

Your lawyer must gather evidence to prove error that caused your child's brachial-plexus injury that could include medical records, witness statements and expert testimony. Once your lawyer has gathered the evidence, they'll file the lawsuit against the defendants, who are usually the medical professionals who gave your child. The defendants will be given a certain amount of time in which to respond to the lawsuit, and during this discovery stage both sides will gather more evidence to support their assertions.

Most lawsuits settle out of court instead of going to trial, because it's more cost-effective for all parties involved. If however, your attorney is confident they can win in court, they could decide to pursue the case all the way to a jury verdict. A successful verdict in a birth injury lawsuit can give families a sense justice and raise awareness and prevent these types of injuries from occurring in the future. If your verdict isn't favorable, you can appeal. This could take a bit longer, but it can increase the amount you receive.