Erb's Palsy Litigation

Taking legal action in the aftermath of your child's plexus brachial injury can bring your family and you closure. However, the process of litigation is complicated and requires experienced legal representation.

A successful lawsuit may award your family compensation for child's medical bills as well as future treatment. Find out more about the Erb's Palsy lawsuit procedure.

The Legal Process

The most popular reason for families to pursue an Erb's-related lawsuit is to seek compensation for medical expenses and Pasco Erb's Palsy Lawyer other losses. The amount of money that is awarded in a settlement is dependent on your child's specific case and the extent of their injuries, but can easily soar into the thousands of dollars.

Many Erb's Palsy lawsuits have been settled without court. Lawyers for the plaintiff and the defendant collaborate to negotiate a settlement that will satisfy both parties. This can significantly speed up the legal process and save your family from having to appear before the jury or judge. If your family is not able to come to a deal the family will have to go to court. This can take a considerable amount of time, however it can also result in a larger award.

The brachial area is a group of nerves which control movement within the arm. When you are pregnant excessive forceful pulling of the head, neck or shoulders, or on the arms could cause nerve damage, resulting in Erb's palsy. This condition is usually preventable. Families bring a lawsuit to make healthcare professionals who are negligent accountable for the injuries they cause. They also seek to raise awareness about this birth injury that could have been avoided. In the past the lawsuits have helped families secure an appropriate financial settlement to get their child's life back on track.

Arbitration or Mediation

If your child was injured by an injury to the brachial plexus during the womb as a result of medical negligence, an treasure island erb's palsy attorney palsy settlement could help you to pay for the treatment. This may include therapy, treatment devices, assistive devices, and operations.

Many lawsuits are settled outside of court. This lets plaintiffs receive their compensation more quickly and reduces the possibility of a court in the future reversing a jury's verdict. Your lawyer and hospital attorneys will most likely seek to negotiate a settlement before the trial begins.

If you're unable to come to a deal your case will be sent to arbitration. A neutral third party will listen to both sides and determine who wins the case. The hearing may be more informal than a trial, however it is important to provide physical evidence and witnesses for the hearing.

You will also require copies of all legal documents and witnesses to appear at the hearing. Witnesses can present at the hearing in person, or they can give their testimony through video conferencing. You must ensure that all witnesses are aware that they will be required to appear at the hearing by submitting subpoenas in advance. You should also keep your witnesses' phone numbers and addresses on file in case you have to call them as witnesses in the future.

Complaints in the Court

Many children who suffer from Erb's syndrome can overcome their physical limitations by daily physical therapy. Some will require surgery to fix torn or separated nerve fibers. However, a large percentage of children will not recover in any significant way and must live with the limitations of this birth injury for the rest of their life. Parents who believe that their child's Erb's paralysis was due to medical negligence during the birth procedure have the right to claim an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will collaborate with doctors who are experts in treating this condition to produce an annual cost of living estimate. This will help determine the amount you are entitled to receive from your Erb's palsy settlement. Your lawyer can also help you get copies of your child's medical records, and also determine whether the doctor who treated your child's treatment had a previous record of malpractice cases.

Once your lawyer understands the injuries of your child then she will make a claim against the defendants. Both sides go through the discovery phase. This includes exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is an essential part of your legal proceedings since it allows both sides to build their arguments. Settlements can take up to one year.

Settlement

If your de pere erb's palsy law firm palsy suit is successful, your lawyer might be able to secure compensation to cover medical expenses and future costs for treatment 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 need evidence to prove that negligence caused the injury to the brachial plexus in your child. This could include medical records, testimony from witnesses as well as expert testimony. Once your attorney has gathered this evidence, they will file the lawsuit against the defendants, which are usually the medical professionals who delivered your child. The defendants will then be given a certain amount of time in which to respond to the lawsuit, and during this process of discovery each side will gather more evidence to support their claims.

Most lawsuits settle out of court, instead of going to trial because it's cheaper for all parties involved. If your lawyer is confident that they will prevail in court, they could decide to pursue the case all the way to a verdict by a jury. A successful verdict in a birth injury lawsuit can bring families a sense of justice and can help increase awareness to prevent these types of injuries from happening again in the future. However, if the verdict is not favorable to you, you can appeal the decision. This process may take longer, but it can increase the amount you receive.