west milton erb's palsy law firm Palsy Litigation

In the aftermath of your child's brachial plexus injury can help bring your family and you closure. However, the litigation process is complicated and requires experienced legal representation.

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

The Legal Process

Families file Erb's Psy lawsuits to obtain compensation for medical expenses and other expenses. The amount of money awarded is contingent on the severity of your child's injuries and the specific situation. It could easily amount to millions of dollars.

Many of the Erb's Palsy lawsuits settle without court. The lawyers for both the plaintiff and the defendant will collaborate to negotiate an acceptable settlement to both parties. This can drastically reduce the legal process, and also prevent your family from having to go before jurors or judges. However, if your family is unable to reach a settlement you will have to go to trial. This can take a considerable amount of time, but it could also result in a bigger amount.

The brachial complex is a collection of nerves which control movement in 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. This type of injury is usually avoidable. Families bring lawsuits to make negligent healthcare providers accountable for the harm they cause. They also wish to raise awareness of the birth injury that could have been prevented. In the past these lawsuits helped families secure an appropriate financial settlement to help their child's future.

Mediation or Arbitration

If your child was injured in the womb due to medical negligence and suffered brachial paralysis, an Erb's Palsy settlement could help you cover the cost of their treatment. This can include surgeries, therapy as well as assistive devices and treatments.

Many lawsuits are settled out of court. This allows plaintiffs to get compensation more quickly and prevents the possibility that a court could reverse a verdict given by a jury. Your lawyer and hospital's attorneys will likely try to reach an agreement before the trial gets underway.

If you're not able to agree to a settlement the case will go to arbitration. This means that a neutral third party will take in both sides and decide who wins the lawsuit. This kind of hearing could be more informal than a trial, however it is crucial to present witnesses and evidence for the proceedings.

You will also require copies of all legal documents and witnesses to be present at the hearing. Witnesses are able to present at the hearing in person or you can submit their statements via video conference. You must ensure that all of your witnesses are aware that they will be required to attend the hearing by submitting subpoenas before the hearing. You should also keep your witnesses' phone numbers and addresses in the file in case you need to call them as a future witness.

Complaint to the Court

Many children suffering from South Portland Erb's Palsy Lawsuit palsy are able to overcome physical limitations by regular physical therapy. Some children will need surgery to repair the torn nerve fibers. Many children are never able to recover and must continue to live with the effects of this birth injury. Parents who believe that their child's Erb palsy is the result of medical negligence during the birth process are entitled to fair compensation.

To establish the value of your case, your lawyer will work with specialists in treating these ailments 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 assist you get copies of your child's medical records and investigate whether the doctor responsible for your child's birth had prior experience with similar malpractice cases.

Once your lawyer has a good understanding of your child's injuries then she will file your lawsuit against the defendants. Both sides will undergo the discovery phase that involves exchanging evidence like expert opinions, depositions medical documents and more. This is a crucial part of your legal defense because it allows you to construct your case. Settlements can take up to one year.

Settlement

If your lawsuit for Erb's palsy is successful, your lawyer could be able get compensation to cover medical expenses and future treatment costs which include 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 have to gather evidence to prove error that caused the brachial plexus injuries to your child, which could include medical documents, witness statements and expert testimony. Once your attorney has gathered this evidence, they'll bring the lawsuit against the defendants, which are typically the medical professionals who gave your child. The defendants will be given a set period of time to respond to the suit, and during this discovery phase each side will gather additional evidence to prove their claims.

Most lawsuits are settled out of court, rather than going to trial since it is cheaper for everyone involved. If your attorney is confident that they will prevail in the case at trial, they might decide to go to the jury for a verdict. A successful verdict in the case of a birth injury lawsuit may bring families a sense of justice and help raise awareness to prevent these kinds of injuries from happening in the future. However, if your verdict is not favorable to you You can appeal the decision. Although this process may take more time but it also increases the amount of the compensation you receive.