Erb's Palsy Litigation

Legal action following the brachial-plexus injury of your child could help you and your family members find closure. The litigation process can be complicated and requires an experienced lawyer.

If you prevail in your lawsuit, your family may be awarded compensation for the medical bills of your child and future treatment. Find out more about the burlington erb's palsy lawsuit palsy litigation process.

The Legal Process

The most common reason families file an Erb's palsy lawsuit is to recover compensation for medical expenses and other losses. The amount of money awarded in a settlement will depend on your child's specific case and the extent of their injuries, however, it can easily rise to the millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. The lawyers for both plaintiff and defendant will come together to negotiate an acceptable settlement to both parties. This can drastically cut down on the legal process and prevent your family from having to appear before jurors or judges. If your family is unable come to a deal and you are unable to reach a settlement, you must appear in the court. This can take a significant amount of time, however it can also result in a bigger amount.

The brachial nerves regulate the movement of the arm. During labor and birth excessive forceful pulling of the neck, head or shoulders or on the arms could cause nerve damage, resulting in Erb's Palsy. In many cases, this injury is preventable. Families bring lawsuits to hold negligent healthcare providers accountable for the injuries they cause. They also seek to raise awareness about the birth injury which could have been prevented. In the past, these lawsuits have helped families get a fair financial settlement and help their child get back on track.

Arbitration or Kirby erb's palsy lawyer Mediation

If your child was injured by a brachial plexus injury during pregnancy due to medical negligence, an Erb's Palsy settlement can help you to pay for the treatment. This could include treatment, therapy as well as assistive devices and surgeries.

Many lawsuits settle without court. This allows plaintiffs to get compensation more quickly and prevents the possibility that a court could reverse a verdict given by the jury. Your lawyer and the hospital attorneys will most likely try to reach an agreement prior to the trial beginning.

If you are not able to reach an agreement, your case will be sent to arbitration. A neutral third party will be able to hear both sides and decide who wins the case. This type of hearing is more informal than a court case, but it is essential to present witnesses and other physical evidence.

Also, you must have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses may be required to present at the hearing in person, or you can provide their statements via video conference. You must ensure that all your witnesses are aware they are required to attend the hearing by submitting subpoenas ahead of time. In addition, you must have their addresses and telephone numbers on file in the event that they are needed as witnesses in the future.

Complaints in Court

Many children who suffer from Erb's syndrome can overcome physical limitations with intense physical therapy every day. Some will require surgery to fix torn or damaged nerve fibers. A significant number of children are not able to recover and will have to live with the consequences of this birth injury. Parents who believe their child's Erb's syndrome was the result of medical negligence during the delivery procedure have the right to 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 to develop a lifetime cost of living estimate. This will help you determine the amount of compensation you're entitled to through your Kirby Erb's Palsy Lawyer palsy settlement. Your lawyer can also help to obtain copies of your child’s medical records, and also determine whether the doctor who performed surgery on your child had a previous medical malpractice case.

When your lawyer has a clear understanding of your child's injuries then she will file your lawsuit against the defendants. Both sides will go though the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is a crucial aspect of your legal proceedings because it allows both sides to present their case. It can take as long as an entire year to settle a case.

Settlement

If your Erb's palsy lawsuit is successful your lawyer could be able to secure compensation to pay for medical costs as well as future treatment costs. adaptive devices in addition to physical therapy. You may also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will need evidence to show that malpractice caused the brachial plexus injury in your child. This could include medical records, witness statements as well as expert testimony. Once your lawyer has gathered the evidence, they will file a lawsuit against the defendants. They are typically the medical professionals that have delivered your child. The defendants will then be given a specified time frame to respond. During this discovery phase the parties will gather evidence to prove its case.

Most lawsuits are settled outside of court instead of going to trial, as it's cheaper for all parties involved. However, if your attorney believes that they can win at trial, they may decide to pursue the case all the way to a jury verdict. A successful verdict in a birth injury lawsuit could give families a sense of justice and can help increase awareness in order to prevent these types of injuries from happening in the future. However, if your verdict is not in your favor then you may appeal the decision. This process may take longer, but it can increase the amount you receive.