erb's palsy law firm Palsy Litigation

Legal action following your child's brachial-plexus injury may aid you and your family find closure. However, the process of litigation is a bit complicated and requires skilled legal representation.

If you win your lawsuit, your family could receive compensation for the medical expenses of your child as well as future treatment. Find out more about the Erb's palsy litigation procedure.

The Legal Process

Families file Erb's Palsy lawsuits to obtain the cost of medical treatment and other losses. The amount of money awarded will depend on the severity of your child's injuries as well as the particular case. It can easily reach millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. The lawyers for both plaintiff and defendant will work together to find a settlement that is acceptable to both parties. This could cut down the legal process significantly and spare your family from having a judge or jury decide their case. However, if the family cannot agree on the terms of settlement, you'll need to go to trial. This can take a significant amount of time, but it could also result in a bigger amount.

The brachial nerves control the movement of the arm. When you are pregnant excessive forceful pulling of the head, neck or shoulders or on the arms could damage these nerves, causing Erb's Palsy. In many cases, this injury can be prevented. Families can file a lawsuit to hold negligent healthcare professionals accountable for the harms they cause. They also seek to increase awareness about the birth injury that could have been prevented. In the past these lawsuits have helped families get an affordable financial settlement and help their child get back on path.

Mediation or Arbitration

If your child sustained an injury to the brachial area during the womb as a result of medical negligence, an erb's palsy attorneys settlement could help you pay for his or her care. This may include therapy, treatment, assistive devices, and operations.

Many lawsuits are settled out of court. This allows plaintiffs to receive their compensation faster and avoids the possibility that a court could overturn a verdict awarded by jurors. Your lawyer and hospital's attorneys will likely attempt to negotiate an agreement before the trial starts.

If you fail to reach an agreement, your case will be sent to arbitration. A neutral third party will hear both sides and decide who is the winner of the case. The hearing may be more informal than a trial, but it's crucial to present witnesses and evidence to the hearing.

You will also require copies of all legal documents and witnesses to present at the hearing. Witnesses may be required to present at the hearing in person or you can provide their statements via video conferencing. You must ensure that all of your witnesses are aware that they are required to attend the hearing by submitting subpoenas prior to the hearing. Keep the numbers of your witnesses and addresses on file, in case you have to contact them as an upcoming witness.

Complaint in Court

Many children with Erb's -Pallsy can overcome physical limitations with intensive daily physical therapy. Some children may require surgery to repair the torn nerve fibers. However, a significant proportion of children will not recover in any significant way and will have to live with the handicaps of this birth injury for life. Parents who believe that their child's Erb palsy is the result of medical negligence during the birth process are entitled to a fair and reasonable amount of compensation.

To determine the worth of your case the lawyer will work with specialists in treating these conditions to create a cost-of-living estimate. This helps determine how much you're entitled to from your Erb's palsy settlement. Your lawyer can also help you obtain copies of your child's medical records, and investigate whether or not the doctor who delivered your child had a previous history of malpractice cases.

Once your lawyer understands the injuries of your child and the child's injuries, she will start a lawsuit against defendants. Both sides go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is a crucial part of your legal argument because it allows you to construct your arguments. Settlements can take up to one year.

Settlement

If your Erb's-Pallsy lawsuit is successful your lawyer might be able to secure compensation to cover medical expenses, future treatment costs and adaptive devices along with physical therapy. You could be awarded damages resulting from emotional trauma or loss of quality of life.

Your lawyer will have to collect evidence to prove the malpractice that caused your child's brachial-plexus injury and may include medical documents, witness statements, and expert testimony. After your lawyer has gathered the evidence, they'll make a claim against the defendants, who are typically the medical professionals who delivered your child. The defendants are given a specific amount of time to respond to the suit, and during this process of discovery both sides will gather additional evidence to back their assertions.

Most lawsuits are settled outside of court rather than going to trial due to the fact that it's more cost-effective for everyone involved. If your lawyer believes that they can win in court, they might decide to pursue the case to a jury verdict. A successful verdict could give families a sense justice and help educate people about how to avoid any future birth injuries. However, if the verdict is not favorable to you it is possible to appeal the decision. While this process can take more time, it can also increase the amount of the compensation you receive.