erb's palsy attorneys Palsy Litigation

The legal process in the aftermath of your child's brachial injury can help bring you and your family closure. The litigation process can be complicated and requires a skilled lawyer.

If you prevail in your lawsuit, your family can receive compensation for medical expenses of your child as well as future treatment. Learn more about the Erb's palsy lawsuit procedure.

The Legal Process

Families file Erb's Palsy lawsuits to obtain the cost of medical treatment and other losses. The amount of money that is awarded in a settlement depends on the particular situation of your child as well as the severity of their injuries however, it can easily rise to the thousands of dollars.

Many Erb's palsy lawsuits are settled outside of court. The lawyers representing both the plaintiff and defendant will collaborate to reach an acceptable settlement to both parties. This can drastically reduce the legal process and save your family from having to face a judge or jury. However, if your family members cannot reach the terms of settlement, Erb's palsy lawsuits you'll need to go to trial. This could take a long time, but it could also result in a larger award.

The brachial nerves regulate the movement of the arm. During labor and delivery excessive forceful pulling on the neck, head, shoulders, or on the arms can result in damage to these nerves and cause Erb's Palsy. In many instances, the injury can be prevented. Families file lawsuits to hold negligent healthcare providers accountable for the harm they cause. They also want to raise awareness about the birth injury that could have been prevented. In the past the lawsuits have allowed families to obtain an appropriate financial settlement to get their child's life back on path.

Mediation or Arbitration

If your child was injured while in the womb due to medical negligence and was later diagnosed with brachial palsy, anErb's settlement for palsy can help pay for their care. This could include surgeries, therapy aidive devices, and treatment.

Many lawsuits settle without court. This allows plaintiffs to receive compensation quicker and eliminates the possibility of a court overturning a jury verdict. Your lawyer and the hospital's attorneys are likely to attempt to negotiate a settlement prior to when the trial starts.

If you're not able to come to a deal your case will be sent to arbitration. This means that an impartial third party will listen to both sides and decide who will win the case. The hearing may be more informal than a trial, but it is important to provide physical evidence and witnesses for the proceedings.

You also need to have copies of all your legal documents and witnesses to present them at the hearing. You can choose to witness your witnesses attend the hearing or submit their statements using video conferencing. You must ensure that all of your witnesses are aware that they must attend the hearing by submitting subpoenas prior to the hearing. Additionally, you must have your witnesses' addresses and telephone numbers on file in case they are required to appear as a witness in the future.

A complaint to the court

Many children with Erb's Palsy can overcome physical limitations with intensive daily physical therapy. Some children may require surgery to repair damaged nerve fibers. However, a significant number of children will not recover to any measurable degree and must live with the limitations of this birth injury for life. Parents who believe their child's Erb's paralysis was due to negligence by a medical professional during the birth process have the right to claim an appropriate amount of compensation for their child's injuries.

To determine the worth of your case your lawyer will collaborate with doctors who are experts in treating these ailments to create a cost-of-living estimate. This helps determine how much you are entitled to receive from your settlement for Erb's Palsy. Your lawyer can also assist to obtain copies of your child's medical records, and look into whether the doctor who performed surgery on your child's treatment had a previous medical malpractice case.

When your lawyer is aware of the injuries suffered by your child then she will bring a lawsuit against the defendants. Both parties will go through the discovery process which involves exchanging evidence like expert opinions, depositions, medical documents, and so on. This is an essential aspect of your legal case as it helps you build your case. It could take up to a year to negotiate a settlement.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer may be able to get compensation for medical expenses and future costs for treatment including adaptive devices and physical therapy. You could also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will need evidence to prove that a mistake caused the injury to the brachial plexus in your child. This could include medical records and witness statements as well as expert testimony. Once your lawyer has collected the evidence, they will start a lawsuit against defendants. They are typically the medical professionals who gave your child. The defendants are given a specified period of time to respond to the lawsuit, and during this discovery phase both sides will gather additional evidence to prove their assertions.

Most lawsuits are settled out of court instead of going to trial due to the fact that it's more cost-effective for everyone involved. If your attorney is convinced that they can win the case at trial they may decide to go to a jury verdict. A successful verdict could bring families a sense that justice has been done and increase awareness of how to prevent future birth injuries. If your verdict isn't favorable you may appeal. This could take a bit longer, but can increase the amount you get.