Erb's Palsy Settlement
Children born with Erb's syndrome may be able to receive compensation for their injuries. Learn about the legal procedure and how to file a lawsuit with help by an experienced attorney at Sokolove Law.
A settlement may cover medical expenses as well as other expenses to provide care for your child. However, it's 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 contract between two parties that resolves a dispute without going through court procedures. It is a valuable tool in civil litigation because it allows parties to save time and money by getting rid of the lengthy legal process.
An Erb's palsy settlement is a type of compensation that is awarded to families affected by medical negligence during childbirth. This condition can be caused by a variety of factors, but most often it is due to improper delivery methods. Infants may suffer serious injuries such as shoulder dystocia or brachial plexus injuries when nurses and doctors don't follow the correct guidelines for care.
If your child is diagnosed with this condition, it's important to speak with an expert Erb's Palsy attorney as soon as you can. You could be eligible for a settlement that will help provide for your child's ongoing treatment, but submitting paperwork late or committing mistakes on the paperwork can result in you not receiving the compensation you deserve.
Your lawyer will file a court complaint to start the legal process. This is a formal document which details the injuries your child suffered and how they occurred due to medical negligence during the birth. Your legal team will present the evidence to a jury or judge who will decide on the amount of compensation (if any) you are owed.
How do I do I file a lawsuit?
You may be eligible for compensation if your child was diagnosed with Erb's Palsy because of medical negligence. Our attorneys make the legal process straightforward and will help make sure you receive 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 C-section. The result is that the baby's neck or head can be stretched, or even tear the nerves in the brachial plexus, which control movement and sensation in the arm. It is most commonly caused by a difficult birth or a breech birth, and can be prevented with the right medical treatment.
Some children recover from this injury on their own and others remain disabled. Most families, however, pursue lawsuits against the doctor due to the belief that he ought to have known that traction could be dangerous and took steps to prevent injury.
Our attorneys will review and analyze your case at no cost to determine if you are eligible to receive compensation. If you're eligible we'll help file your claim within the state's statute of limitations, which varies by state.
Our lawyers will also gather evidence to support your claim, including medical records and expert reports. We then negotiate to settle the case with the defendant out of court, or bring it to trial. We've helped many families get millions in settlements, but individual cases differ.
What are my chances of winning in a lawsuit?
The odds of winning a lawsuit depend on the severity of the injuries and whether or not negligence can be proved. A knowledgeable Erb's Palsy lawyer can help you determine the strength of your case and ensure that you receive the maximum compensation you can get.
The brachialplexus is a set of nerves that provides control and sensation to the muscles of your arm. The nerves can be damaged when you pull or stretch the shoulders, arms or heads. This can cause injuries like Erb's Palsy. In erb's palsy lawyer kentucky are merely temporary and can be treated through therapy. In certain instances the injury could be permanent and cause severe impact on your child.
While obstetricians are trained to recognize the dangers of shoulder dystocia and to take the appropriate precautions during the delivery However, this condition could still occur. The brachial plexus injury is thought to be caused by around 50 percent of vaginal births.
Medical negligence is often the reason behind this type of injury. Parents of children who suffer from this condition should speak with an experienced Erb's Palsy lawyer to look into the situation. The legal process is often complicated and time-consuming, however the amount of money you receive could help cover costs related to the treatment and care your child receives. This includes medical costs therapy, as well as other costs caused by the disability.
What compensation should I be expecting?
The cost of caring for a child affected by Erb's palsy can be very high. The compensation that you receive from a successful lawsuit may help to cover these costs. Especially in lower-income households, this financial help can be a huge help.
In some cases, Erb's palsy settlements can be worth millions of dollars. This is due to the extent of the injuries as well as the extent of negligence. However each case is unique and there are a variety of factors that come into play.
If you file a claim, your lawyer will work to gather evidence and determine what caused of the injury. They will also determine any future medical and treatment costs your child may require to establish a case's value. This could be used as a bargaining chip to the 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 then have 30 days to respond to the claim. At this point, your lawyer can prepare for trial if necessary.
It is essential to make a claim if 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. To find out more about your rights, speak to an New Jersey Erb’s Palsy attorney.