erb's palsy law firms Palsy Litigation

Legal action in the aftermath of your child's brachial injury can bring your family and you closure. The process of litigation is complex and requires an experienced lawyer.

If you prevail 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 [related web site] process.

The Legal Process

The most frequent reason families bring an Erb's palsy suit is to obtain compensation for medical expenses and other losses. The amount of money that is awarded in a settlement will depend on the particular situation of your child as well as the extent of their injuries, but it can easily go into the millions of dollars.

Many of the Erb's Palsy lawsuits have been settled out of court. Lawyers for the plaintiff and defendant work together to reach an agreement that pleases both parties. This can drastically cut down on the legal process, and also prevent your family from facing jurors or judges. However, if your family members cannot reach a settlement you will have to go to trial. This can take a considerable amount of time, but could also result in a bigger settlement.

The brachial nerves control the movement of the arm. During labor Erb's Palsy Lawsuit and delivery excessive forceful pulling on the neck, head, shoulders or on the arms, can cause damage to these nerves, leading to Erb's Palsy. In many instances, the injury is preventable. Families file lawsuits to hold negligent healthcare providers accountable for the injuries they cause. They also wish to raise awareness about this birth injury that could have been avoided. In the past these lawsuits have helped families obtain an affordable financial settlement that helped their child's future.

Arbitration or Mediation

If your child was injured while in the womb because of medical negligence and has suffered brachial palsy, an Erb's Palsy settlement can help you to pay for their medical treatment. This may include therapy, treatment devices, assistive devices, and operations.

Many lawsuits are settled out of court. This means that plaintiffs can receive an amount of money faster and avoids the possibility of a court in the future reversing a jury's verdict. Your lawyer and the hospital's attorneys will likely try to reach a settlement prior to when the trial starts.

If you're not able to agree to a settlement your case will be sent to arbitration. A neutral third party will hear both sides and decide who wins the case. This type of hearing can be more informal than a trial, but it is important to provide witnesses and evidence in the hearing.

You will also need copies of all legal documents as well as witnesses to be present at the hearing. You may either have your witnesses attend the hearing or submit their testimony via video conferencing. Subpoenas should be sent in advance to all witnesses so that they are aware the requirement to attend the hearing. Additionally, you must have the addresses of your witnesses and telephone numbers on file in case they're called as witnesses in the future.

Complaint to the Court

Many children suffering from the condition Erb's-Palsy can overcome their physical limitations with daily physical therapy. Some will require surgery to repair torn or separated nerve fibers. A large number of children are not able to recover and will have to live with the effects of this birth injury. Parents who believe that their child's Erb's paralysis was the result of negligence by a medical professional during the birth process are entitled to seek fair compensation for their child's injuries.

Your lawyer will collaborate with doctors who are experts in treating this condition. They will create an estimated cost of living for life estimate. This will help determine the amount you are entitled to receive from your Erb's palsy settlement. Your lawyer will also help you obtain copies of the medical records for your child and investigate whether the doctor responsible for your child's birth had a history of similar malpractice cases.

If your lawyer has a clear understanding of the harms your child has suffered, she will start a lawsuit against defendants. Both parties will go through the discovery process which involves exchanging evidence, including expert opinions, depositions medical documents and more. This is an essential aspect of your legal argument because it allows you to develop your arguments. Settlements can take as long as one year.

Settlement

If your erb's palsy attorneys palsy suit is successful, your lawyer could be able get compensation to cover medical expenses and future costs for treatment including adaptive devices and physical therapy. You could be awarded damages resulting from emotional trauma or loss of quality of life.

Your lawyer must gather evidence to prove malpractice that caused the brachial plexus injuries to your child that could include medical documents, witness statements, and expert testimony. Once your lawyer has gathered the evidence, he or she will bring a lawsuit against the defendants. These are usually the medical professionals who have delivered your child. The defendants will be given a specified amount of time to respond to the lawsuit, and during this process of discovery both sides will collect additional evidence to support their claims.

Most lawsuits are settled out of court, rather than going to trial since it is cost-effective for everyone involved. If your attorney is confident that they can win the case at trial they may decide to take it to the jury for a verdict. A successful verdict in a birth injury lawsuit can provide families with a sense justice, and also help to raise awareness to prevent these types of injuries from happening in the future. However, if your verdict is not favorable to you You can appeal the decision. This process may take longer, but it could increase the amount you receive.