fife erb's palsy lawyer Palsy Litigation

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

If you win your lawsuit, your family could be awarded compensation for the medical bills of your child and future treatment. Find out more about the Erb's palsy lawsuit procedure.

The Legal Process

Families file lawsuits against Erb's palsy to obtain reimbursement 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 can easily reach millions of dollars.

Many of the Erb's palsy lawsuits are resolved outside of court. Lawyers representing the plaintiff and the defendant collaborate to negotiate a settlement that will satisfy both parties. This can significantly speed up the legal process and save your family from having to go before jurors or judges. If your family members are unable to come to a deal then you'll need to appear in the court. This can take a long time but it can also potentially result in a higher award.

The brachial plexus is a set of nerves that regulate movement within the arm. When you are pregnant excessive forceful pulling on the neck, head or shoulders or on the arms can cause damage to these nerves, leading to Erb's Palsy. This condition is usually avoidable. Families bring lawsuits to make negligent healthcare providers accountable for the injuries they cause. They also want to raise the word about this birth injury which could have been avoided. In the past, these lawsuits helped families get an equitable financial settlement that helped their child's future.

Mediation or Arbitration

If your child was injured during the womb due to medical negligence and was later diagnosed with brachial paralysis, an Erb's settlement for palsy can help pay for their care. This could include surgeries, therapy as well as assistive devices and treatments.

Many lawsuits settle out of court. This allows plaintiffs to receive compensation quicker and reduces the possibility that a court could reverse a verdict given by the jury. Your lawyer and the hospital's lawyers will probably try to come to an agreement before the trial begins.

If you're not able to come to a deal, your case will proceed to arbitration. A neutral third party will consider both sides and decide who is the winner of the case. This hearing is more informal than a court trial, however it is vital to provide witnesses and physical evidence.

You should also have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses are able to present at the hearing in person, or you can present their testimony through video conferencing. You must ensure that all your witnesses are aware they will be required to appear at the hearing by submitting subpoenas before the hearing. Also, keep your witnesses' numbers and addresses in the file in case you have to contact them for witnesses in the future.

Complaint in the Court

Many children suffering from Erb's syndrome can overcome physical limitations through intensive daily physical therapy. Some children require surgery to repair torn nerve fibers. However, a significant number of children will not recover in any way and will have to live with the handicapping effects of this birth injury for the rest of their life. Parents who believe that their child's Erb's palsy was the result of negligence by a medical professional during the birth process have the right seek an appropriate amount of compensation for the injuries suffered by their child.

Your lawyer will collaborate with specialists in treating this condition to produce an annual 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 assist you obtain copies of your child's medical records and determine if the doctor involved in your child's birth had prior experience with similar malpractice cases.

If your lawyer has a solid knowledge of the injuries suffered by your child then she will file your lawsuit against the defendants. Both parties will go through the discovery process which includes exchanging evidence including expert opinions, depositions, additional medical documents and more. This is a crucial aspect of your legal action since it allows both sides to present their case. Settlements can last for up to one year.

Settlement

If your fredericksburg Erb's palsy attorney palsy lawsuit is a success your lawyer could be able to get compensation to pay for medical costs, future treatment costs and adaptive devices along with physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life.

Your lawyer will require evidence to prove that a mistake caused the injury to the brachial plexus in your child. This may include medical records and witness statements as well expert testimony. After your lawyer has gathered the evidence, he will start a lawsuit against defendants. These are usually the medical professionals that have delivered your child. The defendants will then be given a specified period of time to respond. In this discovery phase each side will gather evidence to support their claims.

Most lawsuits settle out of court, instead of going to trial, since it's more cost-effective for the parties involved. However, if your attorney is confident they can win in court, they might decide to pursue the case all the way to a jury verdict. A successful verdict can provide families with a sense of justice and help spread awareness about how to avoid any future birth injuries. If the verdict you receive is not favorable you can appeal. While this process can take longer but it also increases the amount of the compensation you receive.