Erb's Palsy Litigation

Taking legal action in the aftermath of your child's brachial-plexus injury can bring you and your family closure. However, the process of litigation is complex and requires skilled legal representation.

If you are successful in your lawsuit, your family can be awarded compensation for the medical expenses of your child and future treatment. Find out more about the Erb's syndrome lawsuit process.

The Legal Process

Families file eaton erb's palsy law firm Palsy lawsuits to obtain the cost of medical treatment and other expenses. The amount of money that is awarded in a settlement is contingent upon your child's specific case and the severity of their injuries but can easily soar into the millions of dollars.

Many of the lawsuits involving Erb's Psy are settled out of court. Lawyers representing the plaintiff and defendant collaborate to negotiate a settlement that will satisfy both parties. This can drastically cut down on the legal process and prevent your family from having to go before a judge or jury. If your family members are unable to agree on a settlement you will have to go to trial. This can take a lot of time, however it can also result in a larger award.

The brachial plexus is a set of nerves that regulate movement within the arm. When you are pregnant excessive forceful pulling of the head, neck or shoulders, or on the arms can cause damage to these nerves, leading to Erb's Palsy. The injury is often preventable. Families bring lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also wish to raise awareness of the birth injury that could have been prevented. In the past these lawsuits allowed families to obtain an appropriate financial settlement to get their child's life back on course.

Mediation or Arbitration

If your child suffered a brachial plexus injury during birth due to medical negligence, an Erb's palsy settlement can help pay for their care. This could include treatment, therapy, assistive devices, and surgeries.

Many lawsuits are settled outside of court. This allows plaintiffs to receive an amount of money faster and avoids the possibility of a judge overturning a jury verdict. Your lawyer and hospital attorneys will most likely seek to negotiate a settlement before the trial starts.

If you are unable reach a settlement, your case will proceed to arbitration. This means that a neutral third party will hear both sides and determine who will win the case. This type of hearing is more informal than a court trial however, it is crucial to present witnesses and other physical evidence.

You will also require copies of all legal documents and witnesses to present at the hearing. You can either invite your witnesses to attend the hearing or give testimony via video conferencing. Subpoenas must be sent in advance to all witnesses to ensure that they are aware the requirement that they attend the hearing. You must also keep the numbers of your witnesses and addresses on file in case you have to call them as a future witness.

Complaint in Court

Many children suffering from brook park erb's palsy attorney palsy can overcome their physical limitations by intense physical therapy every day. Some children will require surgery to repair the torn nerve fibers. However, a significant proportion of children do not recover to a significant degree and must live with the handicapping effects of this birth injury for life. Parents who believe their Pickerington Erb's Palsy Lawsuit palsy in their child was due to negligence by a medical professional during the birth process have the right seek an appropriate amount of compensation for the injuries suffered by their child.

To determine the worth of your case, your lawyer will work with doctors who are experts in treating these conditions to develop a lifetime 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 help you obtain copies of your child’s medical records, and look into whether the doctor who performed surgery on your child's care had a history of malpractice cases.

If your lawyer has a clear knowledge of the injuries suffered by your child after which she will file a lawsuit against the defendants. Both sides will go through the discovery process which involves exchanging evidence including expert opinions, depositions, medical records and more. This is a crucial part of your legal action since it allows both sides to build their arguments. Settlements can take as long as one year.

Settlement

If your Erb's palsy suit is successful, your lawyer may be able get compensation for medical expenses and future treatment costs such as adaptive devices and physical therapy. You may receive damages due to emotional trauma or loss of quality of living.

Your lawyer will need evidence to prove that negligence caused the injury to the brachial area in your child. This could include medical records, geneva erb's palsy Lawsuit witness statements, as well as expert testimony. After your lawyer has gathered the evidence, they will make a claim against the defendants. These are usually the medical professionals that gave your child. The defendants are given a specific amount of time to respond to the lawsuit, and during this process of discovery, both sides will gather additional evidence to support their claims.

Most lawsuits are settled out of court, rather than going to trial since it is cheaper for all parties involved. However, if your attorney believes that they can win at trial, they may decide to pursue the case to a verdict by a jury. A successful verdict in an injury lawsuit for birth can give families a sense justice and can help increase awareness to prevent these types of injuries from happening again in the future. If the verdict isn't favorable you can appeal. This could take a bit longer, but it can increase the amount you receive.