Erb's Palsy Litigation

Legal action following your child's injury to the brachial plexus could help you and your family get closure. However, the litigation process is complex and requires skilled legal representation.

A successful lawsuit could grant your family compensation for your child's medical bills and future treatment. Find out more about the farmington erb's palsy attorney palsy lawsuit procedure.

The Legal Process

The most common reason families start an Erb's Palsy lawsuit is to seek compensation for medical expenses and other losses. The amount of money awarded in a settlement is dependent on the specific situation of your child and the extent of their injuries, but can easily soar into the millions of dollars.

Many of the Erb's Palsy lawsuits settle without court. The lawyers of both the plaintiff and defendant collaborate to negotiate a settlement that is acceptable to both parties. This can drastically reduce the legal process and prevent your family from facing jurors or judges. However, if the family members cannot reach a settlement you will have to go to trial. This can also take a long time but it could also result in a bigger award.

The brachial nerves regulate the movement of the arm. During labor and delivery, excessive forceful pulling of the neck, head, shoulders, or on the arms could cause nerve damage, resulting in Erb's Palsy. In many cases, this injury can be prevented. Families can file a lawsuit to hold negligent healthcare professionals accountable for the injuries they cause. They also seek to increase awareness about this birth injury which could have been prevented. In the past these lawsuits allowed families to obtain an affordable financial settlement and help their child get back on track.

Arbitration or Mediation

If your child sustained an injury to the brachial area during the womb as a result of medical negligence, an Erb's palsy settlement can help pay for his or her treatment. This can include therapy, surgery aidive devices, and treatment.

Many lawsuits settle outside of court. This means that plaintiffs can receive compensation faster and prevents the possibility of a court in the future reversing a jury's verdict. Your lawyer and hospital's attorneys are likely to attempt to negotiate an agreement before the trial starts.

If you are unable to come to a deal your case will be sent to arbitration. This means that a neutral third party will listen to both sides and decide who will win the case. This type of hearing is more informal than a court trial however, it is crucial to present witnesses and physical evidence.

Also, you must have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses are able to attend the hearing in person, or you can submit their statements via video conferencing. You must ensure that all of witnesses are aware that they are required to attend the hearing by submitting subpoenas before the hearing. You should also keep your witnesses' numbers and addresses in the file in case you have to contact them as an upcoming witness.

Complaint in Court

Many children suffering from the condition Erb's-Palsy can overcome their physical limitations by regular physical therapy. Some will require surgery to repair damaged or damaged nerve fibers. A significant number of children will never recover and have to live suffering the effects of this birth injury. Parents who believe that their child's Erb's paralysis was the result of negligence by a medical professional during the birth procedure have the right to claim fair compensation for the injuries suffered by their child.

To establish the value of your case the lawyer will work with specialists in treating these ailments to create a cost-of-living estimate. This helps determine how much you're entitled to from your settlement for Erb's Palsy. Your lawyer can also help you get copies of your child’s medical records, and look into whether or not the doctor who performed surgery on your child's diagnosis had a prior experience of malpractice.

When your lawyer has a clear knowledge of the injuries suffered by your child, she will file your lawsuit against the defendants. Both sides will undergo the discovery phase which includes exchanging evidence like expert opinions, depositions and medical records, and more. This is a crucial aspect of your legal action because it gives both sides the chance to construct their arguments. Settlements can last up to one year.

Settlement

If your lawsuit against menlo park erb's palsy attorney Palsy is successful the lawyer may be able to obtain compensation to pay for medical costs, future treatment costs and adaptive devices, as well as physical therapy. You may be awarded damages for emotional trauma or loss of quality of living.

Your lawyer will require evidence to prove that a mistake 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 lawyer has gathered this evidence, they will make a claim against the defendants, which are usually the medical professionals who gave your child. The defendants are given a specified period of time to respond to the lawsuit, and during this process of discovery both sides will collect additional evidence to support their claims.

Most lawsuits are settled out of court, rather than going to trial due to the fact that it is cost-effective for all parties involved. If your attorney is confident that they can win the case at trial and decides to pursue it to the jury for a verdict. A successful verdict in a birth injury lawsuit can give families a sense justice and help raise awareness and prevent these types of injuries from occurring in the future. If your verdict isn't favorable, you can appeal. The process could take longer, but it will increase the amount you receive.