erb's palsy law firm Palsy Litigation

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

If you are successful in your lawsuit, your family may receive compensation for the medical bills of your child and future treatment. Read on to learn more about the Erb's palsy lawsuit process.

The Legal Process

The most popular reason families file an Erb's palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money awarded in a settlement depends on your child's specific case and the extent of their injuries, but it can easily go into the millions of dollars.

Many Erb's palsy lawsuits are resolved outside of court. Lawyers representing the plaintiff and the defendant work together to reach a settlement that will satisfy both parties. This could cut down the legal process by a significant amount and keep your family from having a jury or judge decide on their case. However, if the family members are unable to agree on the terms of settlement, you'll need to go to trial. This can also take a long time, however, it could result in a bigger award.

The brachial plexus is a group of nerves which control movement within the arm. A forceful pull on the neck, head arms or shoulders during labor and delivery -for example, when doctors use forceps or vacuum extractors excessively -- can harm these nerves and lead to Erb's palsy. In many instances, the injury can be prevented. Families file lawsuits to make negligent healthcare providers accountable for the harm they cause. They also want to create awareness about this birth injury which could have been avoided. In the past these lawsuits have helped families receive an affordable financial settlement to support their child's future.

Mediation or Arbitration

If your child has suffered an injury to the brachial plexus during the womb as a result of medical negligence, an Erb's palsy settlement can help you pay for his or her care. This could include therapy, treatment aids, assistive devices, as well as operations.

Many lawsuits settle without court. This allows plaintiffs to receive their compensation more quickly and prevents the possibility that a judge could reverse a verdict given by jurors. Your lawyer and hospital's lawyers are likely to try to reach a settlement prior to when the trial starts.

If you are unable to come to a deal the case will be taken to arbitration. A neutral third party will hear both sides and decide who is the winner of the case. This kind of hearing could be more informal than a trial, but it's important to present witnesses and evidence to the hearing.

You should also have copies of all your legal documents and witnesses to present them at the hearing. You can either witness your witnesses attend the hearing or submit their statements through video conferencing. You must ensure that all your witnesses are aware they must attend the hearing by submitting subpoenas before the hearing. Additionally, you should keep your witnesses' addresses and phone numbers in case in the event that they are needed as a witness in the future.

Complaint in Court

Many children suffering from Erb's palsy can overcome physical limitations with daily physical therapy. Some may require surgery to repair damaged or damaged nerve fibers. However, a significant proportion of children are not able to recover in any significant way and will be left with the limitations of this birth injury for the rest of their life. Parents who believe that their child's Erb's palsy was the result of negligence in the delivery process have the right claim fair compensation for the injuries suffered by their child.

Your lawyer will collaborate with doctors that specialize in treating this condition to produce an estimated cost of living for life estimate. This is used to determine how much you're entitled to from your Erb's palsy settlement. Your lawyer can also help you obtain copies of the medical records for your child and determine if the doctor who was involved in your child's birth had an history of similar malpractice cases.

If your lawyer has a solid understanding of your child's injuries then she will file your lawsuit against the defendants. Both sides will undergo the discovery phase which includes exchanging evidence like expert opinions, depositions, encoskr.com medical records and more. This is a crucial part of your legal argument because it helps you build your case. Settlements can last for up to one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer could be able to secure compensation to cover medical expenses and future costs for treatment including adaptive devices and physical therapy. You may also be awarded damages for emotional trauma and Erb's palsy attorney loss of quality of life.

Your lawyer will have to collect evidence to prove the error that caused your child's brachial plexus injury which could include medical records, witness statements and expert testimony. Once your lawyer has collected the evidence, they will start a lawsuit against defendants. These are usually the medical professionals who delivered your child. The defendants will then be given a specified period of time to respond. In this discovery phase, each side will gather evidence to support their claims.

Most lawsuits settle out of court, instead of going to trial, because it's more cost-effective for all parties involved. If however, your attorney believes that they can win at trial, they may choose to take the case all the way to the verdict of a jury. A successful verdict in a birth injury lawsuit could give families a sense justice and raise awareness and prevent these types of injuries from happening in the future. However, if the verdict is not in your favor You can appeal the decision. While this process could take more time, it can also increase the amount of the amount you are awarded.