Erb's Palsy Litigation

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

A successful lawsuit can award your family members compensation for child's medical expenses 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 recover compensation for medical expenses and other losses. The amount of money awarded will depend on the severity of your child's injuries and the specific case. It could easily amount to millions of dollars.

Many Erb's palsy lawsuits are settled out of court. The lawyers for both plaintiff and Ashland Erb's Palsy Law Firm defendant will collaborate to negotiate a settlement that is acceptable to both parties. This can shorten the legal process by a significant amount and prevent your family from having a jury or judge decide their case. If your family members are unable to agree on a settlement the family will have to go to the court. This can take a long time however, it could result in a larger award.

The brachial nerves regulate the movement of the arm. During labor and delivery excessive forceful pulling on the head, neck or shoulders or on the arms can cause damage to these nerves, leading to albertville erb's palsy lawyer Palsy. This injury is often avoidable. Families bring lawsuits to make negligent healthcare providers accountable for the harm they cause. They also want to raise awareness of the birth injury that could have been prevented. In the past these lawsuits have helped families get an equitable financial settlement and help their child get back on course.

Mediation or Santa Paula erb's palsy lawyer Arbitration

If your child was injured in the womb because of medical negligence and suffered brachial paralysis, an Erb's Palsy settlement could help you to pay for their medical treatment. This could include therapy, surgery, assistive devices and treatment.

Many lawsuits settle without court. This allows plaintiffs to receive their compensation faster and eliminates the possibility that a court could overturn a verdict awarded by the jury. Your lawyer and the hospital's lawyers will most likely seek to negotiate a settlement prior to the trial beginning.

If you are unable to reach an agreement, the case will be sent to arbitration. This means that a neutral third party will take in both sides and decide who will win the case. This hearing is more informal than a court trial, however it is vital to have witnesses present and physical evidence.

You also need to have copies of all your legal documents and witnesses in order to present them at the hearing. You can witness your witnesses attend the hearing or present their statements using video conferencing. Subpoenas should be sent in advance to all witnesses so that they are aware the requirement to attend the hearing. You should also keep the names of witnesses' telephone numbers and addresses on file in case you have to contact them as a future witness.

A complaint to the court

Many children suffering from Erb's palsy can overcome physical limitations through intensive daily physical therapy. Some children will require surgery to repair the torn nerve fibers. A large number of children will never recover and have to live their lives with the consequences of this birth injury. Parents who believe that their child's Erb palsy is the result of medical malpractice during the delivery process are entitled to fair compensation.

To determine the value of your case, your lawyer will work with doctors who specialize in treating these ailments to develop a lifetime cost-of-living estimate. This is used to determine how much you're entitled to from the settlement you received for your Erb's syndrome. Your lawyer can also assist you obtain copies of your child's medical records and determine if the doctor who was involved in the birth of your child had prior experience with similar malpractice cases.

When your lawyer has a thorough understanding of your child's injuries after which she will file a lawsuit against the defendants. Both sides will go through the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is an essential part of your legal proceeding as it allows both sides to present their case. Settlements can take as long as one year.

Settlement

When your villa rica erb's palsy law firm palsy lawsuit is successful, your lawyer may be able to get compensation for medical expenses and future treatment costs, including adaptive devices and physical therapy. You could also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer must gather evidence to prove the negligence that caused your child's brachial-plexus injury which could include medical documents, witness statements, and expert testimony. After your lawyer has gathered this evidence, they will bring the lawsuit against the defendants, who are usually the medical professionals who delivered your child. The defendants will be given a specified amount of time to reply to the lawsuit, and during this discovery phase both sides will collect additional evidence to prove their claims.

Most lawsuits settle out of court rather than go to trial because it's cost-effective for all parties involved. If your attorney is convinced that they'll win the case in court, they might decide to pursue it to the jury. A successful verdict in a birth injury lawsuit could provide families with a sense justice and raise awareness in order to prevent these types of injuries from happening in the future. If your verdict is not favorable to you, you can appeal the decision. The process could take longer, but it could increase the amount you are awarded.