Janesville 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 process of litigation is complicated and requires experienced legal representation.

If you are successful in your lawsuit, your family could be awarded compensation for the medical expenses of your child and future treatment. Find out more about the Erb's palsy lawsuit process.

The Legal Process

The most frequent reason families file an Erb's palsy lawsuit is to obtain compensation for medical expenses and other losses. The amount of money that is awarded will depend on the severity of your child's injuries and the specific case. It could easily amount to millions of dollars.

Many cases involving Erb's palsy are settled out of court. The lawyers of both the plaintiff and defendant collaborate to reach an acceptable settlement to both parties. This can speed up the legal process significantly and spare your family from having a jury or judge decide the case. However, if the family is unable to reach a settlement you will have to go to trial. This can take a considerable amount of time, but could also result in a larger amount.

The brachial complex is a collection of nerves that regulate movement within the arm. When you are pregnant excessive forceful pulling on the neck, head, or shoulders, or on the arms can damage these nerves, causing Erb's Palsy. In many instances, the injury is preventable. Families file a lawsuit to hold negligent healthcare professionals accountable for the injuries they cause. They also want to raise awareness about the birth injury that could have been avoided. In the past, these lawsuits have helped families obtain a fair financial settlement and get their child's life back on path.

Arbitration or Mediation

If your child was injured during the womb as a result of medical negligence and has suffered brachial sprains, an Erb's settlement for palsy can help pay for their care. This may include treatment, therapy aids, assistive devices, as well as operations.

Many lawsuits settle outside of court. This allows plaintiffs to get compensation faster and eliminates the possibility that a judge could overturn a verdict awarded by the jury. Your lawyer and hospital attorneys will most likely attempt to reach an agreement before the trial gets underway.

If you cannot reach an agreement, your case will be referred to arbitration. This means that a neutral third party will listen to both sides and decide who will win the case. This kind of hearing could be more informal than a trial, but it is crucial to present witnesses and evidence for the hearing.

Also, you must have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses can present at the hearing in person, or they can give their testimony via video conference. Subpoenas need to be sent in advance to all witnesses so they are aware of the requirement to be present at the hearing. In addition, you must have your witnesses' addresses and contact numbers on file in the event that they are needed to testify in the future.

Complaint in the Court

Many children who suffer from Erb's Palsy can overcome their physical limitations by intense physical therapy every day. Some children will require surgery to repair the torn nerve fibers. However, a significant number of children don't recover in any way 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 their child's Erb's syndrome was due to negligence in the delivery process are entitled to seek an appropriate amount of compensation for the injuries suffered by their child.

To determine the value of your case Your lawyer will work with specialists in treating these conditions to develop a lifetime cost-of-living estimate. This will help you determine the amount of compensation you're entitled to through your point pleasant beach erb's palsy law firm palsy settlement. Your lawyer can also assist you obtain copies of your child's medical records and determine if the doctor who performed the birth of your child had an history of similar malpractice cases.

Once your lawyer has identified the injuries of your child and the child's injuries, she will bring a lawsuit against the defendants. Both sides go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is a crucial aspect of your legal action as it allows both sides to construct their arguments. Settlements can take as long as one year.

Settlement

If your Erb's Palsy lawsuit is successful the lawyer may be able to get compensation to pay for medical costs for future treatment, future costs for treatment and adaptive devices along with physical therapy. You may also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will require evidence to prove that a mistake caused the brachial plexus injury in your child. This could include medical records and witness statements as well as expert testimony. After your lawyer has gathered the evidence, they will start a lawsuit against defendants. These are usually the medical professionals who have delivered your child. The defendants will be given a specified amount of time in which to respond to the suit, and during this discovery stage each side will gather additional evidence to support their claims.

Most lawsuits are settled outside of court instead of going to trial, because it's more cost-effective for all parties involved. If however, your attorney is confident that they will prevail in court, they might decide to pursue the case all the way to a jury verdict. A successful verdict will bring families a sense that justice has been done and raise awareness about how to avoid any future birth injuries. If the verdict you receive is not favorable, you can appeal. This process may take longer, but it will increase the amount you receive.