erb's palsy law firm Palsy Litigation

The legal process in the aftermath of your child's brachial plexus injury can help bring your family and Erb's Palsy Law Firms you closure. The process of litigation can be complex and requires an experienced lawyer.

A successful lawsuit could grant your family members compensation for your child's medical expenses and future treatment. Learn more about the Erb's-Palsy lawsuit process.

The Legal Process

The most common reason for families to file an Erb's palsy lawsuit is to recover compensation for medical expenses and other losses. The amount of money offered in a settlement is dependent on the particular situation of your child as well as the extent of their injuries, but can easily soar into the thousands of dollars.

Many cases involving Erb's palsy are settled without court. Lawyers representing the plaintiff and defendant collaborate to negotiate a settlement that will satisfy both parties. This could cut down the legal process by a significant amount and spare your family from having a judge or jury decide on their case. If your family members are unable to reach an agreement on a settlement and you are unable to reach a settlement, you must appear in court. This can take a long time however, it could result in a higher amount.

The brachial plexus is a group of nerves that regulate movement in the arm. Forceful pulling on the neck, head, arms, or shoulders during labor and birth- such as when doctors utilize forceps, vacuum extractors, or other tools excessively -- can harm these nerves, causing Erb's palsy. The injury is often avoidable. Families can file a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also want to raise awareness about this birth injury that could have been avoided. In the past these lawsuits helped families secure an appropriate financial settlement to support their child's future.

Arbitration or Mediation

If your child sustained a brachial plexus injury during pregnancy due to medical negligence, an Erb's settlement can help pay for his or her care. This can include therapy, surgery as well as assistive devices and treatments.

Many lawsuits are settled out of court. This lets plaintiffs receive their compensation faster and prevents the possibility of a court refusing to uphold a verdict of a jury. Your lawyer and the hospital's attorneys will likely attempt to reach an agreement prior to the trial beginning.

If you're not able to reach a settlement the case will go to arbitration. This means that an impartial third party will hear both sides and decide who wins the case. This hearing is more informal than a court trial, but it is important to present witnesses and physical evidence.

You also need to have copies of all your legal documents and witnesses to present them at the hearing. Witnesses can attend the hearing in person, or you can provide their statements through video conference. Subpoenas must be issued in advance to all witnesses in order that they are aware the requirement to attend the hearing. You must also keep your witnesses' numbers and addresses on file, in case you have to call them as an upcoming witness.

Complaints in Court

Many children suffering from Erb's palsy are able to overcome physical limitations by intense daily physical therapy. Some will require surgery to repair damaged or separated nerve fibers. A significant number of children do not recover and are forced to live suffering the effects of this birth injury. Parents who believe that their child's Erb palsy is the result of medical malpractice during the birth process are entitled to fair compensation.

To establish the value of your case Your lawyer will work with doctors who specialize in treating these conditions to create a cost-of-living estimate. This will allow you to determine the amount of compensation you're entitled to through your Erb's palsy settlement. Your lawyer can also help you get copies of your child's medical records and determine if the doctor involved in your child's birth had a history of similar malpractice cases.

When your lawyer has a clear understanding of your child's injuries and the extent of the injuries, 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 records are also included. This is an essential part of your legal proceedings as it allows both sides to present their case. Settlements can last up to one year.

Settlement

When your erb's Palsy Law Firms palsy lawsuit is successful, your lawyer could be able to obtain compensation for medical costs and erb's Palsy law Firms future treatment costs such as 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 require evidence to prove that negligence caused the injury to the brachial nerve in your child. This could include medical records, witness statements as well as expert testimony. After your lawyer has gathered the evidence, he will start a lawsuit against defendants. They are typically the medical professionals who delivered your child. The defendants will then be given a specific amount of time in which to respond to the suit, and during the discovery phase both sides will gather additional evidence to support their assertions.

Most lawsuits are settled out of court rather than going to trial, since it's more cost-effective for the parties involved. If your attorney is confident that they can win the case at trial it could be decided to pursue it to a jury verdict. A successful verdict can give families a sense justice and raise awareness about ways to avoid future birth injuries. If your verdict isn't favorable, you can appeal. While this process could take more time, it can also increase the amount of the amount you are awarded.