Erb's Palsy Settlement
Children born with the condition Erb's palsy may be eligible for compensation. Learn about the legal procedure and how to start a lawsuit with assistance from an experienced lawyer at Sokolove Law.
A settlement can pay for medical expenses and other expenses associated with the care of the child. It is crucial to speak with an Erb's Palsy attorney as soon as you can so that you don't miss any deadlines.
What is a settlement?
A settlement is an agreement between two parties to settle the dispute without court procedures. This is an important instrument in civil lawsuits because it allows the parties to save time and money by avoiding the long legal process of litigation.
Settlements for Erb's Palsy is awarded to families who have been affected by medical negligence during childbirth. This condition is caused by a number of reasons, but it's often the result of improper methods of delivery. Infants may suffer serious injuries such as shoulder dystocia and brachial plexus injuries if doctors and nurses don't adhere to the proper standards of treatment.
It is essential to speak with an Erb's Palsy lawyer immediately after the child is diagnosed with the condition. You may be eligible for a settlement to help cover the future healthcare of your child, but submitting late or making mistakes in the paperwork could cost you the compensation you're entitled to.
To begin the legal process your lawyer will file a complaint in the court. This is a formal document that details your child's injuries and the way they were caused by medical negligence during the birthing process. Your legal team will present your case to the jury and a judge who will decide if they are entitled to compensation.
How do I start a lawsuit?
If your child has developed Erb's Palsy as a result of medical negligence, you may be eligible for compensation. erb's palsy law firm anchorage make the legal process straightforward and will work to bring you the money you need.
Erb's palsy may develop when doctors forcefully pull on a baby's neck, head, or arms during vaginal birth or a c-section. The result is that the baby's neck or head can be stretched, or even tear the nerves in the brachial plexus that regulate movement and feel in the arm. It is usually caused by a difficult birth or a breech birth, and it can be prevented with proper medical care.
Some babies recover on their own, while others are permanently disabled. However, most families bring lawsuits because they believe the doctor should have known that traction could be dangerous and should have taken steps to avoid injury.
Our lawyers will evaluate your case free of charge and determine if you're eligible to receive compensation. If you're eligible we'll assist you to file your claim within your state's statute of limitations, which differs according to the state.
Our lawyers will also collect evidence to support your case, including medical records and expert reports. We then negotiate with the defendant to resolve your case outside of court, or go to trial. We have helped numerous families receive millions of dollars in settlements. However, the specific circumstances might differ.
What do I stand to win in a lawsuit?
The odds of winning a lawsuit depend on the degree of the injury as well as whether negligence can be established. An experienced Erb's Palsy attorney can assist you to determine your case strength and fight for maximum compensation.
The brachial complex is a set of nerves that provides feeling and coordinated movement to the muscles in your arm. Any forceful pulling or stretching on the shoulders, head or arms that stretch these nerves may cause damage and cause an injury like Erb's palsy. In some instances these injuries are merely temporary and can be corrected with therapy. However, in some cases the injury is permanent and will have a major impact on your child's daily life.
While obstetricians have been trained to recognize the possibility of shoulder dystocia, and take the necessary precautions during delivery this condition is still a possibility. The brachial plexus injury is thought to be caused by approximately 50% of vaginal births.
It's usually a case of medical negligence that causes this kind of injury, so parents who have children suffering from this condition should speak with an expert Erb's Palsy attorney to review the situation. The legal process is time-consuming and complex, yet the financial compensation you receive could help pay for the treatment and care for your child. This includes medical expenses, therapy and other costs caused by the disability.
What amount of compensation should I be expecting?
The cost of caring for a child suffering from Erb's syndrome can be high. The money you get from a successful lawsuit can assist in covering these costs. This financial assistance is especially crucial for families with lower incomes.
In some cases Erb's palsy settlements may be worth millions of dollars. This is because of the severe nature of the injuries and the degree of negligence. Each case is unique and many factors are at play.
Your lawyer will gather evidence to determine the source of your injury. The lawyer will assess the cost of treatment and the care your child may require to determine the value of your case. This can be used to negotiate with defendants in your lawsuit.
Once your legal team has completed this process they will submit your Erb's palsy lawsuit with the courts. The defendants will have 30 days to respond. At this point, your lawyer can prepare for trial if needed.
If medical negligence is the cause of your child's brachial plexus injury, it is important to file a lawsuit. In doing this you can pursue justice and ensure that your child receives the support they require to live a happy life. Contact an New Jersey Erb's Palsy lawyer to find out more about how you can receive the assistance you deserve.