Erb's Palsy Settlement

Children born with Erb's palsy may be eligible for compensation. Learn about the legal procedure and how to get help from an experienced attorney at Sokolove Law.

A settlement can pay for medical expenses as well as other expenses to care for the child. It is essential to talk with an Erb's Palsy attorney as soon as you can to avoid missing any deadlines.

What is a settlement?

A settlement is a voluntary agreement between two parties which resolves a dispute without the necessity of court proceedings. It is a helpful tool in civil litigation since it helps parties save money and time by avoiding a lengthy legal process.

An Erb's-Palsy settlement is an amount of money that is paid to families affected by medical malpractice during childbirth. The cause of this condition is many reasons, but it's often the result of poor methods of delivery. If nurses and doctors fail to follow the proper standards of care, babies could suffer serious injuries such as shoulder dystocia as well as brachial plexus injury.

If a child is diagnosed with this condition, it's essential to speak with an experienced Erb's Palsy attorney immediately. You may be entitled a settlement to help pay for the future care of your child, however submitting late or making mistakes in the documents could result in you not receiving the compensation you're entitled to.

To begin the legal process, your lawyer will file a complaint in court. This is a formal report that details the injuries suffered by your child and how they resulted from medical negligence during the birthing process. Your legal team will then present the evidence before a jury and judge who will decide what amount of compensation (if any) you are entitled to.

How do I file suit?

You may be eligible for compensation if your child was diagnosed with Erb’s palsy due to medical negligence. Our attorneys will simplify the legal process and help you get the compensation you require.

Erb's syndrome can be triggered when doctors forcefully pull on a baby's head, neck or arms during vaginal birth or c-section. This can stretch or tear the nerves of the brachial area, which control movement and sensation in the arm. It is often caused by a difficult delivery or a breech birth and can be prevented with proper medical care.

Some babies recover on their own while others remain disabled for life. The majority of families bring lawsuits against the doctor Erb's palsy attorney due to the belief that he should have realized the dangers of traction and taken measures to avoid injury.

Our lawyers will assess your case for free and determine if you're eligible for compensation. If you're qualified we'll help file your claim within your state's statute of limitations, which varies by state.

Our lawyers will also collect evidence to support your case, such as medical documents and expert reports. We then negotiate a settlement of the case with the defendant out of court, or to go to trial. We have helped many families obtain millions of dollars in settlements. However, the specific circumstances may differ.

What are my chances of winning a lawsuit?

The likelihood of winning a lawsuit is contingent on the severity of the injury and the ability to demonstrate negligence. A knowledgeable Erb's Palsy lawyer can assist you in determining the strength of your case and help you get the highest amount of compensation that is possible.

The brachialplexus is an array of nerves that provide sensory and coordination to the muscles of your arm. These nerves may be damaged by pulling or stretching the arms, shoulders or heads. This can result in injuries like Erb's palsy. In some instances these injuries are merely temporary and can be corrected with therapy. In other instances the injury could be permanent and cause profound impact on your child.

Even though obstetricians have been trained to recognize the risks of shoulder dystocia and take the proper precautions during delivery, this condition can still occur. In fact it is estimated that about 50% of cases involving brachial plexus injuries are due to simple vaginal births.

Medical negligence is usually the reason behind this type of injury. Parents of children suffering from this condition should speak with an experienced Erb’s Palsy lawyer to look into the matter. The legal process can be complex and time-consuming, but the financial compensation you receive could help cover costs related to your child's care and treatment. This could include medical expenses and therapy as well as other costs caused by the disability.

What compensation amount can I expect to receive?

The cost of caring for a child affected by Erb's palsy can be very high. The amount you are awarded from a successful lawsuit could assist in covering these costs. Particularly in households with lower incomes, this financial help can make a big difference.

In some cases Erb's settlements for palsy can be worth millions of dollars. This is due to the severe nature of the injuries as well as the extent of malpractice. However every case is unique and there are many factors which play into the equation.

Your lawyer will gather evidence to determine the source of your injury. They will then assess any future treatment and care costs your child may require to establish a value of the case. This can be used to negotiate with the defendants in your lawsuit.

Once your legal team has completed the procedure they will submit your Erb's palsy lawsuit with the courts. The defendants will then have 30 days to respond to the claim. At this time, your lawyer will prepare for trial if required.

It is crucial to start a lawsuit if medical negligence caused your child's brachial or plexus injury. You can ensure that your child has the resources needed to live a healthy and happy life by pursuing justice. To find out more about your rights, talk to a New Jersey Erb’s Palsy attorney.