Erb's Palsy Litigation

Legal action in the aftermath of your child's brachial injury can help bring you and your family closure. However, the process of litigation is complex and requires skilled legal representation.

If you win your lawsuit, your family can be awarded compensation for the medical bills of your child as well as future treatment. Read on to learn more about the Erb's Palsy lawsuit process.

The Legal Process

The most common reason families bring an Erb's palsy suit is to obtain compensation for medical expenses and other losses. The amount of money awarded is contingent on the severity of your child's injuries as well as the specific situation. It could easily reach millions of dollars.

Many Erb's palsy lawsuits are settled out of court. The lawyers for both the plaintiff and defendant will work together to find a settlement that is acceptable to both parties. This can drastically cut down on the legal process, and also prevent your family from having to appear before jurors or judges. However, if your family is unable to reach the terms of settlement, you'll need to go to trial. This can take a lot of time, however it can also result in a larger award.

The brachial plexus is a group of nerves that regulate movement within the arm. During labor and birth excessive forceful pulling on the neck, head, or shoulders, or on the arms can cause nerve damage, resulting in Charleston erb's palsy attorney palsy. The injury is often avoidable. Families bring a lawsuit to hold negligent healthcare professionals accountable for the harms they cause. They also want to create awareness of this birth injury which could have been prevented. In the past these lawsuits helped families secure an affordable financial settlement that helped their child's future.

Mediation or Arbitration

If your child was injured in the womb due to medical negligence and has suffered brachial sprains, an zionsville erb's palsy lawsuit settlement for palsy can help to pay for their medical treatment. This can include surgery, therapy aidive devices, and treatment.

Many lawsuits settle out of court. This allows plaintiffs receive compensation quicker and eliminates the possibility of a judge overturning a jury verdict. Your lawyer and the hospital's lawyers are likely to try to reach a settlement prior to when the trial starts.

If you fail to reach an agreement, the case will be sent to arbitration. A neutral third party will hear both sides and decide who will win the case. This type of hearing is more informal than a court case, however, it is crucial to present witnesses and other physical evidence.

You will also require copies of all legal documents as well as witnesses to be present at the hearing. Witnesses are able to present at the hearing in person, or you can provide their statements through video conferencing. Subpoenas should be sent in advance to all witnesses to ensure that they are aware the requirement that they attend the hearing. Additionally, you must have the addresses of your witnesses and telephone numbers on file in case they are called as witnesses in the future.

Complaints in the Court

Many children suffering from Erb's syndrome can overcome their physical limitations by regular physical therapy. Some children may require surgery to repair the torn nerve fibers. A large number of children will never recover and have to live their lives suffering from the effects of this birth injury. Parents who believe their Erb's palsy in their child was due to negligence in the delivery process have the right to seek fair compensation for the injuries suffered by their child.

Your lawyer will collaborate with doctors that specialize in treating this condition to create an annual cost of living estimate. This will allow you to determine the amount of compensation you're entitled to under your Erb's palsy settlement. Your lawyer can also help you get copies of the medical records for your child and determine if the doctor responsible for the birth of your child had a history of similar malpractice cases.

If your lawyer has a clear knowledge of the injuries suffered by your child, she will file your lawsuit against the defendants. Both sides will go through the discovery phase which includes exchanging evidence such as expert opinions, depositions, medical records, and more. This is a crucial aspect of your legal proceeding as it allows both sides to present their case. Settlements can take as long as one year.

Settlement

If your lawsuit for Erb's palsy is successful, your lawyer might be able to secure compensation to cover medical costs and future treatment costs, including adaptive devices and physical therapy. You could receive damages due to emotional trauma or loss of quality of living.

Your lawyer must gather evidence to prove the error that caused the brachial plexus injuries to your child and may include medical records, witness statements and Monrovia erb's palsy law firm expert testimony. Once your lawyer has gathered this evidence, they'll make a claim against the defendants, which are usually the medical professionals who gave your child. The defendants are then given a set amount of time to respond. During this discovery phase each side will gather evidence to support their claims.

Most lawsuits are settled out of court rather than going to trial since it is more cost-effective for everyone involved. If your lawyer is confident that they can win the case in court, they might decide to go to an appeal to a jury verdict. A successful verdict in the case of a birth injury lawsuit may give families a sense of justice and can help increase awareness to prevent these kinds of injuries from happening again in the future. If the verdict you receive is not favorable you can appeal. This procedure could take longer, but it could increase the amount you get.