Erb's Palsy Settlement
Children born with Erb's Palsy may be eligible for compensation for their injuries. Learn about the legal procedure and how to make a claim with help by an experienced attorney at Sokolove Law.
A settlement may cover medical expenses as well as other costs associated with the care of the child. However, it is important to talk with an Erb's lawyer as soon as you can to ensure you don't fall behind on deadlines.
What is a settlement?
A settlement is a mutual agreement between two parties that settles disputes without the necessity of court procedures. This is a crucial tool in civil lawsuits because it lets the parties save time and money by avoiding the lengthy legal process of litigation.
Settlements for Erb's Palsy is awarded to families impacted by malpractice in the delivery of a child. The condition can be caused by a variety of causes, but the most of the time, it's the result of improper birthing techniques. Infants can suffer from serious injuries, like brachial plexus or shoulder dystocia injuries if nurses and doctors don't follow the correct guidelines for care.
It is important to consult an Erb's Palsy lawyer when the child is diagnosed with the condition. You may be entitled to a settlement to help cover the future healthcare of your child, but submitting late or making mistakes in the paperwork could cost you the money you're entitled to.
Your lawyer will file a court complaint to begin the legal process. This is a formal statement that details the harms your child sustained and how they were caused by medical negligence during birth. Your legal team will present the evidence to a judge and jury who will decide if you're entitled to compensation.
How do I start a lawsuit?
You may be eligible for compensation if you child developed Erb's palsy as a result of medical negligence. Our lawyers will help you through the legal process and help you get the compensation you require.
Erb's palsy may develop when doctors pull too hard on a baby's neck, head, or arms during vaginal birth or a c-section. This can cause tears or stretching of nerves in the brachial area that control movement and sensation of the arm. This is usually the result of the birth process being difficult or a breech delivery. It is possible to prevent it by taking care of your medical needs.
Some babies recover from this injury on their own and others remain disabled. However, the majority of families have filed lawsuits due to the belief that the doctor should have known that traction is dangerous and should have taken steps to avoid injury.
Our lawyers will evaluate your case free of charge and determine if you're eligible for compensation. If you qualify we'll assist you in filing claims within the statutes of limitations.
Our lawyers will also collect evidence to support your case, including medical records and expert reports. We then negotiate with the defendant to settle your case without going to court, or go to trial. We've helped countless families receive millions of dollars in settlements, but individual cases vary.
What are my chances of winning a lawsuit?
The chances of winning a lawsuit depend on the severity of the injury and whether or not negligence can be established. A skilled Erb's Palsy lawyer can assist you in determining the strength of your case and fight for the maximum compensation you can get.
The brachialplexus comprises a collection of nerves that provide sensory and coordination to the muscles of your arm. Any forceful stretching or pulling on the shoulder, head or arms that stretch these nerves may cause damage and result in an injury like Erb's palsy. In some cases the injuries are only temporary and can be corrected with therapy. In some cases, the injury may be permanent and cause major impact on your child.
While obstetricians have been trained to recognize the danger of shoulder dystocia, and take the appropriate precautions during labor, this condition can still happen. erb's palsy attorney fort worth are believed to be caused by approximately 50 percent of vaginal births.
Medical negligence is typically the reason behind this type of injury. Parents whose children have this condition should speak with an experienced Erb's Palsy lawyer to investigate the situation. The legal process can be complex and time-consuming, but the financial compensation you receive can be used to pay for the costs associated with the treatment and care your child receives. This could include medical costs, therapy, and other expenses related to the disability.
What compensation amount will I receive?
The cost of raising a child suffering from Erb's palsy is expensive. Compensation from a successful suit could assist in reimbursing these expenses. This financial assistance is especially crucial for families with lower incomes.
Settlements for Erb's palsy can be worth millions of dollars. This is due to the serious nature of injuries and the extent of negligence. Each case is unique and several factors are involved.
Your lawyer will gather evidence to determine the root of your injury. They will also determine the future treatment and expenses your child might require to establish a value of the case. This could be used as a bargaining chip to the defendants of your lawsuit.
After your legal team has completed the process they will file your Erb's palsy lawsuit with the courts. The defendants have 30 calendar days to respond. Your lawyer may now prepare for trial, if needed.
It is imperative to bring a lawsuit in the event that medical negligence caused your child's brachial and plexus injury. You can ensure that your child receives the assistance needed to live an enjoyable and healthy life by seeking justice. Contact an New Jersey Erb's Palsy lawyer to find out more about how you can get the help you deserve.