Erb's Palsy Settlement
Children who are born with Erb's Palsy might be eligible to receive compensation for their injuries. Find out more about the legal process and how to make a claim with help by an experienced attorney at Sokolove Law.
Settlements can be used to cover medical expenses and other expenses related to the care of the child. However, it is important to talk with an Erb's lawyer as soon as possible to ensure you do not miss any deadlines.
What is a settlement?
A settlement is a mutual agreement between two parties to settle a dispute without the need for court procedures. This is an important option in civil lawsuits because it lets the parties save time and money by avoiding the long legal process of litigation.
An Erb's palsy settlement is a type of settlement that is granted to families who have been affected by medical malpractice during childbirth. This condition can be caused by a range of factors, however most of the time, it's due to improper delivery techniques. Infants can sustain serious injuries such as shoulder dystocia or brachial plexus injuries if nurses and doctors are not following the appropriate standards of treatment.
It is essential to speak with an Erb's Palsy lawyer at the time the child is diagnosed with the condition. erb's palsy lawyer charlotte may be entitled to an settlement to help to pay for your child's future treatment, but failing to file the paperwork on time or making mistakes with the paperwork can cause you to lose the compensation you're entitled to.
Your lawyer will submit a court complaint to begin the legal process. This is a formal statement which details the injuries sustained by your child and how they were caused by medical negligence during the birthing process. Your legal team will present their evidence to an impartial jury and judge who will decide if you're entitled to compensation.
How do I file a suit?
You could be entitled to compensation if you child developed Erb’s palsy due to medical negligence. Our lawyers make the legal process simple and will work to make sure you receive the money you need.
Erb's Palsy can occur when doctors pull too hard on a baby's head, arms or neck during vaginal delivery or a C-section. The result is that the baby's neck or head can be stretched, or even tear the nerves of the brachial plexus that control the movement and sensation of the arm. This is usually the result of a difficult birth or a birth that is breech. It is possible to prevent it by taking care of your medical needs.
Some babies recover from the injury on their own, while others are permanently disabled. Most families, however, file lawsuits against the doctor due to the belief that he should have known traction was dangerous and taken measures to avoid injury.
Our lawyers will evaluate your case at no cost and determine if you're eligible for compensation. If you're qualified we'll help you file your claim within the state's statute of limitations, which differs according to the state.
Our lawyers will also collect evidence to support your case, including medical documents and expert reports. We then negotiate to settle the case with the defendant outside of court, or proceed to trial. We have helped many families receive millions of dollars in settlements. However, the specific circumstances may differ.
What are my chances of winning a lawsuit?
The chances of winning a lawsuit are contingent on the severity of the injury and whether negligence can be proved. An experienced Erb's Palsy attorney can assist you to determine the strength of your case and fight for maximum compensation.
The brachialplexus is a set of nerves that provide sensory and coordination to the muscles of your arm. Any forceful pulling or stretching on the shoulders, head or arms that strains these nerves can damage them and lead to an injury like Erb's palsy. In some instances the injuries are only temporary and may be improved through therapy. In certain instances, the injury may be permanent and cause major impact on your child.
Obstetricians are trained to recognize the possibility of shoulder dystocia, and take the appropriate precautions during delivery this condition can still happen. Brachial plexus injury is estimated to be caused by around 50% of vaginal births.
Medical negligence is usually the main cause of this kind of injury. Parents whose children have this condition should consult an experienced Erb’s Palsy lawyer to evaluate the case. The legal process can be complicated and time-consuming, but the financial compensation you receive could assist in paying for the treatment and care your child receives. This includes medical expenses, therapy and other costs related to the disability.
What compensation amount can I expect to receive?
The cost of raising a child who has Erb's syndrome is high. The compensation from a successful suit could aid in covering these costs. Especially in lower-income households, this financial assistance can make a big difference.
In certain cases Erb's palsy settlements could be worth millions of dollars. This is due to the severity of the injuries and extent of malpractice. However each case is unique and there are many variables that are involved.
Your lawyer will collect evidence to determine the cause of your injury. They will then assess any future medical and treatment expenses your child might require to establish a value for your case. This could be used as a bargaining chip with the defendants in your lawsuit.
Once your legal team has completed the process and is ready to start a lawsuit in the court for Erb's Palsy. The defendants 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 injuries it is essential to file a lawsuit. You can ensure that your child receives the support needed to live a happy and healthy life by taking action to get justice. Contact an New Jersey Erb's Palsy lawyer to learn more about how you can receive the help that you deserve.