Erb's Palsy Settlement
Children born with Erb’s palsy could be eligible to receive compensation. An experienced attorney from Sokolove Law can help you learn about the legal process and how to file a lawsuit.
Settlements can be used to pay for medical expenses and other costs to provide care for your child. However, it is important to consult with an Erb's Palsy lawyer as soon as you can to ensure that you don't miss deadlines.
What is a settlement?
A settlement is a voluntary agreement between two parties which resolves a dispute without the need for court procedures. This is a crucial instrument in civil lawsuits because it lets the parties save time and money by avoiding the lengthy legal process of litigation.
A settlement for Erb's Palsy is awarded to families who have been affected by malpractice in the delivery of a child. The cause of this condition is several factors, but it's most often the result from improper delivery methods. Infants can suffer from serious injuries, such as shoulder dystocia or brachial-plexus injuries if nurses and doctors are not following the appropriate guidelines for treatment.
It is crucial to speak with an Erb's Palsy lawyer at the time a child is diagnosed with the condition. You could be eligible for an settlement to help provide for your child's ongoing treatment, however filing late or committing mistakes on the paperwork could cause you to lose the compensation you deserve.
To begin the legal process your lawyer will file a formal complaint in court. It is a formal document which details the injuries sustained by your child and the way they were caused by medical negligence during the birthing process. Your legal team will then present the evidence before a judge and jury who will decide on the amount of compensation (if any) you are due.
How do I file suit?
You could be entitled to compensation if your child developed Erb’s palsy due to medical negligence. Our attorneys make the legal process straightforward and will help get you the money you need.
Erb's syndrome can be triggered when doctors put too much pressure on a baby's neck, head, or arms during a vaginal birth or a c-section. This can cause tearing or stretching of the nerves of the brachial area, which regulates movement and the sensation of the arm. This is usually caused by an uneasy birth or Breech delivery. It can be cured by taking care of your medical needs.
Some babies recover on their own while others remain disabled for life. However, the majority of families bring lawsuits because they believe the doctor should have been aware that traction was dangerous and should have taken precautions to avoid injury.
Our attorneys will review and analyze your case free of charge to determine if you are qualified to receive compensation. If you qualify we'll assist you with filing a claim within the state's statutes of limitations.
Our lawyers will also collect evidence to support your case, including medical documents and expert reports. We then negotiate with the defendant to settle your case outside of court or bring it to trial. We have helped many families receive millions of dollars in settlements. However, individual cases could differ.
What do I stand to win in a lawsuit?
The probability of winning a lawsuit depends on the severity of the injury and the capacity to demonstrate negligence. A knowledgeable Erb's Palsy lawyer can assist you in determining the worth of your case, and fight for the most compensation possible.
The brachialplexus is a set of nerves that provide sensation and coordination to the muscles of your arm. Any forceful pulling or stretching on the shoulder, head or arms that stretch the nerves can cause damage and result in an injury like Erb's palsy. In some instances these injuries are merely temporary and can be corrected with therapy. In other instances, the injury is permanent and will have a significant impact on your child's life.
While obstetricians have been trained to recognize the risk of shoulder dystocia, and take the appropriate precautions during delivery this condition can still happen. In fact it's estimated that approximately 50% of cases involving brachial and plexus injuries are due to non-complicated vaginal births.
Medical negligence is usually the main cause of this kind of injury. Parents of children who suffer from this condition should speak with an experienced Erb's Palsy lawyer to examine the matter. The legal process is time-consuming and complex, however financial compensation can help pay for your child's treatment and care. This could include medical expenses as well as therapy costs and other expenses caused by the disability.
What is the amount of compensation I should be expecting?
The cost of raising a child who has Erb's syndrome is high. erb's palsy attorney billings get from a successful lawsuit can help to cover these costs. This financial assistance is especially crucial for families with lower incomes.
In certain cases, Erb's palsy settlements can be worth millions of dollars. This is due to the serious nature of injuries and the severity of malpractice. However, every case is different and there are numerous factors which play into the equation.
Your lawyer will gather evidence to determine what caused of your injury. They will then calculate any future treatment and care costs your child may require to establish a case's value. This could be used as a bargaining chip to the defendants of your lawsuit.
After your legal team has completed the process they will start filing your Erb's Palsy lawsuit with the courts. The defendants are given 30 days to respond. At this time, your lawyer will prepare for trial if needed.
It is essential to make a claim if medical negligence caused your child's brachial-plexus injury. By doing this you will be able to pursue justice and ensure that your child has the resources they require to live a happy life. To find out more about your rights, you can contact a New Jersey Erb’s Palsy attorney.