erb's palsy attorney Palsy Litigation

The legal process in the aftermath of your child's plexus brachial injury can help 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 receive compensation for medical expenses of your child as well as future treatment. Learn more about the Erb's palsy lawsuit process.

The Legal Process

Families file Erb's Palsy lawsuits to obtain compensation for medical costs and other expenses. The amount of money that is awarded in a settlement will depend on the particular situation of your child as well as the severity of their injuries, but it can easily go into the thousands of dollars.

Many Erb's palsy lawsuits are resolved outside of court. Lawyers representing the plaintiff and the defendant collaborate to negotiate a settlement that will satisfy both parties. This can speed up the legal process dramatically and keep your family from having a judge or jury decide their case. If your family is unable to reach an agreement, you'll have to go to trial. This can take a significant amount of time, however it can also result in a bigger amount.

The brachial nerves regulate the movement of the arm. When you are pregnant excessive forceful pulling on the head, neck or shoulders, or on the arms could cause damage to these nerves, leading to Erb's palsy. In many cases, this injury is preventable. Families bring a lawsuit to make healthcare professionals who are negligent accountable for the injuries they cause. They also want to create awareness of the birth injury that could have been prevented. In the past, these lawsuits have helped families obtain an appropriate financial settlement to help their child get back on the right track.

Mediation or Arbitration

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

Many lawsuits are settled out of court. This means that plaintiffs can receive compensation more quickly and reduces the possibility of a court ruling to overturn a jury verdict. Your lawyer and hospital's lawyers will probably seek to negotiate a settlement before the trial begins.

If you're not able to come to a deal your case will be sent to arbitration. A neutral third party will consider both sides and decide who will win the case. This kind of hearing could be more informal than a trial, but it is important to provide witnesses and evidence to the proceedings.

You should also have copies of all your legal documents and witnesses in order to present them at the hearing. You can have witnesses attend the hearing in person or you can provide their statements via video conferencing. You must ensure that all your witnesses are aware they will be required to appear at the hearing by submitting subpoenas ahead of time. You should also keep your witnesses' phone numbers and addresses on file in case you need to call them as a future witness.

Complaints in Court

Many children with Erb's -Pallsy can overcome physical limitations with intense daily physical therapy. Some may require surgery to repair sprained or damaged nerve fibers. However, a significant proportion of children do not recover to any measurable degree and will have to live with the handicapping effects of this birth injury for the rest of their the rest of their lives. Parents who believe that their child's Erb's palsy was the result of medical negligence during the birth procedure have the right to seek fair compensation for the injuries suffered by their child.

Your lawyer will collaborate with specialists in treating this condition to produce a lifetime cost of living estimate. This will help determine the amount you are entitled to receive from your settlement for erb's palsy lawyer Palsy. Your lawyer can also assist to obtain copies of your child’s medical records, and investigate whether or Erb's Palsy Lawsuits not the doctor who gave you your child's treatment had a previous medical malpractice case.

When your lawyer is aware of the injuries suffered by your child she will file a lawsuit against the defendants. Both sides will go through the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical documents are also included. This is a vital part of your legal action since it allows both sides to develop their arguments. Settlements can take as long as one year.

Settlement

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

Your lawyer will need to collect evidence to prove the mistake that led to the brachial plexus injuries to your child which could include medical documents, witness statements, and expert testimony. After your lawyer has collected this evidence, they will make a claim against the defendants, who are typically the medical experts who delivered your child. The defendants will then be given a certain amount of time to reply to the lawsuit, and during the discovery phase both sides will collect additional evidence to support their assertions.

Most lawsuits are settled outside of court instead of going to trial, since it's more cost-effective for all parties involved. If your attorney is convinced that they can win the case in court it could be decided to pursue it to a jury verdict. A successful verdict will give families a sense of justice and help educate people about how to avoid any future birth injuries. If the verdict isn't favorable you may appeal. Although this process may take more time but it also increases the amount of compensation you receive.