Erb's Palsy Litigation

Taking legal action in the aftermath of your child's brachial plexus injury can bring you and your family closure. The process of suing can be complicated and requires a skilled lawyer.

A successful lawsuit could grant your family compensation for child's medical bills as well as future treatment. Read on to learn more about the Erb's Palsy lawsuit procedure.

The Legal Process

The most common reason families pursue an Erb's-related lawsuit is to get compensation for medical expenses and other losses. The amount of money awarded depends on the severity of your child's injuries as well as the particular situation. It could easily reach millions of dollars.

Many of the Erb's Palsy lawsuits settle without court. The lawyers representing both the plaintiff and defendant will collaborate to reach a settlement that is acceptable to both parties. This can drastically cut down on the legal process and save your family from having to appear before jurors or judges. If your family members are unable to come to a deal then you'll need to go to the court. It can take a long time but it could also result in a higher amount.

The brachial plexus is a set of nerves that regulate movement in the arm. When you are pregnant excessive forceful pulling of the neck, head or shoulders or on the arms could damage these nerves, causing Erb's Palsy. In many instances, the injury is preventable. Families seek to hold negligent healthcare providers accountable for the harm they cause. They also want to create awareness about the birth injury that could have been prevented. In the past, these lawsuits have helped families secure a fair financial settlement and get their child's life back on course.

Mediation or Arbitration

If your child suffered an injury to the brachial area during the womb as a result of medical negligence, an burley erb's palsy law firm Palsy settlement can help you pay for their treatment. This may include treatment, therapy devices, assistive devices, and surgeries.

Many lawsuits settle without court. This allows plaintiffs to get compensation faster and avoids the possibility that a judge could invalidate a verdict handed down by a jury. Your lawyer and hospital's attorneys will likely seek an agreement prior to the trial begins.

If you are unable come to a deal your case will be sent to arbitration. A neutral third party will hear both sides and decide who wins the case. This type of hearing is more informal than a court trial but it is essential to have witnesses present and physical evidence.

You will also need copies of all legal documents and witnesses to be present at the hearing. You may either witness your witnesses attend the hearing or submit their statements via videoconferencing. Subpoenas must be sent in advance to all witnesses in order that they are aware of the requirement that they attend the hearing. You should also keep your witnesses' numbers and addresses on file, in case you need to contact them for a future witness.

Complaint to the Court

Many children suffering from Erb's palsy are able to overcome physical limitations by regular physical therapy. Some may require surgery to repair torn or damaged nerve fibers. However, a significant proportion of children are not able to recover to any measurable degree and will be forced to live with the handicapping effects of this birth injury for life. Parents who believe their child's banning erb's palsy lawyer syndrome was due to negligence in the delivery process have the right claim an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will work with doctors who specialize in treating this condition. They will create the lifetime cost of living estimate. This will help you determine the amount of compensation 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 look into whether or not the doctor who gave you your child's diagnosis had a prior experience of malpractice.

When your lawyer is aware of the harms your child has suffered then she will start a lawsuit against defendants. Both sides will go through the discovery phase which involves exchanging evidence like expert opinions, depositions, medical documents, and so on. This is a vital part of your legal proceeding because it gives both sides the chance to develop their arguments. Settlements can take as long as one year.

Settlement

When your conshohocken erb's palsy lawyer palsy lawsuit is successful, your lawyer may be able to obtain compensation for medical expenses and future treatment costs including adaptive devices and physical therapy. You may receive damages due to emotional trauma or loss of quality of living.

Your lawyer will need to gather 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 attorney has gathered this evidence, they will make a claim against the defendants, which are usually the medical professionals who delivered your child. The defendants will then be given a set period of time to respond to the lawsuit. during this process of discovery, both sides will gather more evidence to support their assertions.

Most lawsuits are settled outside of court instead of going to trial because it's more cost-effective for everyone involved. If your attorney is confident that they can win the case in court, they might decide to pursue it to the jury for a verdict. A successful verdict in the case of a birth injury lawsuit may provide families with a sense justice and can help increase awareness in order to prevent these types of injuries from happening in the future. If the verdict isn't favorable you may appeal. This process may take longer, but can increase the amount you get.