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erb's palsy law firm Palsy Litigation

Legal action in the aftermath of your child's plexus brachial injury can bring your family and you closure. The process of litigation can be complicated and requires an experienced lawyer.

If you are successful in your lawsuit, your family can receive compensation for the medical expenses of your child as well as future treatment. Read on to learn more about the Erb's-Palsy lawsuit procedure.

The Legal Process

Families file Erb's Palsy lawsuits to obtain reimbursement for medical expenses and other expenses. 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 resolved outside of court. The lawyers of both the plaintiff and defendant will work together to find an agreement that is acceptable to both parties. This can drastically reduce the legal process and save your family from having to face an attorney or a jury. If your family members are unable to reach a settlement then you'll need to appear in court. This could take a long amount of time, however it can also result in a larger award.

The brachial nerves control the movement of the arm. During labor and delivery, excessive forceful pulling of the neck, head or shoulders or on the arms can cause nerve damage, resulting in Erb's palsy. This type of injury is usually avoidable. Families file a lawsuit to hold negligent healthcare professionals accountable for the injuries that they cause. They also want to create awareness of this birth injury that could have been prevented. In the past, these lawsuits have helped families obtain a fair financial settlement and help their child get back on track.

Mediation or Arbitration

If your child has suffered an injury to the brachial area during birth due to medical negligence, an Erb's settlement could help you pay for their treatment. This could include therapy, treatment, assistive devices, and procedures.

Many lawsuits are settled out of court. This lets plaintiffs receive their an amount of money faster and avoids the possibility of a court in the future reversing a jury's verdict. Your lawyer and the hospital's lawyers will most likely try to reach an agreement before the trial starts.

If you fail to reach an agreement, the case will be referred to arbitration. A neutral third party will consider both sides and decide who will win the case. This type of hearing can be more informal than a trial, but it is important to provide witnesses and evidence to the proceedings.

It is also necessary to have copies of all your legal documents and witnesses in order to present them at the hearing. You may either witness your witnesses attend the hearing or submit their statements via videoconferencing. You must ensure that all of your witnesses are aware they are required to attend the hearing by submitting subpoenas ahead of time. You must also keep the names of witnesses' telephone 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 palsy can overcome physical limitations through daily physical therapy. Some will require surgery to repair sprained or separated nerve fibers. A large number of children will never recover and have to live with the effects of this birth injury. Parents who believe their Erb's palsy in their child was the result of negligence in the delivery procedure have the right to claim fair compensation for the injuries suffered by their child.

Your lawyer will work with specialists in treating this condition to produce an annual cost of living estimate. This will help determine the amount you're entitled to from the Erb's palsy settlement. Your lawyer can also help you get copies of the medical records for your child and investigate whether the doctor who was involved in your child's birth had an history of similar malpractice cases.

When your lawyer has a thorough knowledge of the injuries suffered by your child then she will file your lawsuit against the defendants. Both parties will undergo the discovery phase which involves exchanging evidence including expert opinions, depositions, additional medical records, and more. This is a vital part of your legal proceedings because it gives both sides the chance to present their case. Settlements can take up to one year.

Settlement

If your Erb's Palsy lawsuit is successful, your lawyer might be able obtain compensation to pay for medical expenses, future treatment costs and adaptive devices in addition to physical therapy. You could be awarded damages resulting from emotional trauma or loss of quality of living.

Your lawyer must gather evidence to prove the negligence that caused the brachial plexus injuries to your child and may include medical records, witness statements, and expert testimony. Once your lawyer has gathered the evidence, he will start a lawsuit against defendants. These are usually the medical professionals that delivered your child. The defendants will then be given a specified amount of time to respond. During this discovery phase the parties will gather evidence to prove its case.

Most lawsuits are settled out of court rather than going to trial since it is cheaper for everyone involved. If however, your attorney is confident they can win in court, they could decide to pursue the case to a jury verdict. A successful verdict in a birth injury lawsuit could give families a sense justice and help raise awareness in order to prevent these types of injuries from happening in the future. If your verdict is not favorable you may appeal. The process could take longer, but it will increase the amount you are awarded.