Erb's Palsy Settlement

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

A settlement can pay for medical costs and other costs related to the care of the child. It is essential to talk with an Erb's Palsy attorney in the earliest possible time so that you don't miss any deadlines.

What is a settlement?

A settlement is an agreement between two parties which resolves disputes without the need for court procedures. This is an important tool in civil lawsuits because it lets the parties save time and money by avoiding the long legal process of litigation.

A settlement for Erb's Palsy is awarded to families affected by malpractice in the delivery of a child. This condition can be caused by a variety of factors, however usually it is the result of improper birthing techniques. When doctors and nurses do not adhere to the correct standards of care, babies could suffer serious injuries such as shoulder dystocia or brachial plexus injury.

If a child is diagnosed with this condition, it's essential to speak with an experienced Erb's Palsy attorney as soon as possible. You could be eligible for an settlement to help provide for your child's ongoing treatment, but failing to file the paperwork on time or committing mistakes on the paperwork can cost you the compensation you're entitled to.

Your lawyer will file a court complaint to begin the legal process. It is a formal document that outlines the injuries your child suffered and how they were caused due to medical negligence at the time of birth. Your legal team will present their evidence to an impartial jury and judge who will decide if you are entitled to compensation.

How do I file suit?

You could be entitled to compensation if your child developed Erb’s palsy due to medical negligence. Our lawyers make the legal process straightforward and will help get you the money you need.

Erb's Palsy may occur when doctors pull too hard on a baby's head arms or neck during vaginal birth or a C-section. The result is that the baby's neck or head can be stretched, or even tear the nerves in the brachial plexus that regulates movement and the sensation of the arm. It is typically caused by difficulties in birth or birth that is breech. It can be cured by receiving proper medical attention.

Some babies recover from the injury on their own, while others remain disabled for life. Most families, however, seek to sue the doctor because they believe that he knew that traction was risky and taken steps to prevent injury.

Our attorneys will review and analyze your case for no cost to determine if you are eligible for compensation. If you're eligible we'll help make a claim within your state's statute of limitations, which is different by state.

Our lawyers will also gather evidence to prove your claim, including medical documents and expert reports. We then negotiate with the defendant to settle your case without going to court or take it to trial. We have helped many families obtain millions of dollars in settlements. However, the specific circumstances could differ.

What do I stand to win in a lawsuit?

The chances of winning a lawsuit depend on the extent of the injury and whether negligence can be established. A knowledgeable Erb's Palsy attorney can assist you to determine the strength of your case and fight for maximum compensation.

The brachialplexus is a set of nerves which provides sensory and coordination to the muscles of your arm. Any forceful pulling or stretching on the shoulder, head or arms that stretch these nerves could cause damage and lead to an injury like Erb's palsy. In some cases, these injuries are temporary and can be treated through therapy. In other instances the injury could be permanent and have a major impact on your child.

Although obstetricians are trained to recognize the risk of shoulder dystocia, and take the necessary precautions during labor, this condition can still happen. The brachial plexus injury is thought to be caused by approximately 50 percent of vaginal births.

Medical negligence is often the reason behind this type of injury. Parents of children who suffer from this condition should consult an experienced Erb's Palsy lawyer to look into the case. The legal process can be time-consuming and complex, but the financial compensation you receive could provide the cost of your child's treatment and medical care. These could include medical expenses as well as therapy and other expenses related to the disability.

What compensation amount can I expect to receive?

The cost of raising a child suffering from Erb’s palsy is high. The compensation from a successful lawsuit may help cover these costs. This financial support is especially important for lower-income families.

In certain instances, Erb's palsy settlements can be worth millions of dollars. This is because of the serious nature of the injuries and the extent of negligence. Every case is unique, and several factors are involved.

Your lawyer will collect evidence to determine the source of your injury. The lawyer will assess the future costs of treatment and care your child might require to establish a case's value. This can be used as a bargaining chip to the defendants in your lawsuit.

After your legal team has completed the process, they will submit a lawsuit to the court for Erb's palsy. The defendants have 30 calendar days to respond. At this point, your lawyer can prepare for trial if needed.

If medical negligence is the reason of your child's brachial plexus injury it is essential to file a lawsuit. You can ensure that your child receives the resources needed to live an active and healthy life by taking action to get justice. Contact an New Jersey Erb's Palsy lawyer to find out more about how you can receive the help you deserve.