Erb's Palsy Settlement
Children born with Erb’s palsy may be eligible for compensation. An experienced attorney from Sokolove Law can help you understand the legal process, including how to file a lawsuit.
Settlements can be used to pay for medical expenses as well as other expenses for the care of the child. However, it's important to consult with an Erb's lawyer as soon as you can to ensure that you do not miss any deadlines.
What is a settlement?
A settlement is a contract between two parties to settle disputes without having to go through court procedures. This is an important tool in civil lawsuits because it allows parties to save time and money by avoiding the lengthy legal process of litigation.
An Erb's Palsy settlement is a form of compensation awarded to families affected by medical malpractice during childbirth. This condition is caused by a number of causes, but is most often the result of ineffective methods of delivery. If nurses and doctors fail to follow the proper guidelines for care, infants may suffer serious injuries like shoulder dystocia or brachial plexus injury.
If your child has been diagnosed with this condition, it's crucial to consult with an experienced Erb's Palsy attorney as soon as possible. You could be eligible for settlements that can help provide for your child's ongoing care, but filing late or making mistakes with the paperwork could cost you the compensation you're entitled to.
To start the legal process, your lawyer will file a formal complaint in the court. It is a formal document which details the injuries your child sustained and how they were caused by medical negligence that occurred during the birth. Your legal team will present the evidence before the jury and a judge who will decide if you're entitled to compensation.
How do I file suit?
You may be eligible for compensation if your child develops Erb’s palsy due to medical negligence. Our lawyers will simplify the legal process and help you get the compensation you need.
Erb's palsy may develop when doctors exert too much force on the baby's neck, head, or arms during a vaginal birth or C-section. This can tear or stretch the nerves in the brachial area, which regulates movement and the sensation of the arm. It is often caused by a difficult birth or a birth that is breech, and it is preventable with proper medical care.
Some babies recover on their own while others are permanently disabled. However, the majority of families are sued because they believe the doctor should have known that traction was dangerous and should have taken the necessary steps to avoid injury.
Our lawyers will review your case for free and determine if you're eligible for compensation. If you're eligible, we will help you make a claim within your state's statute of limitations, which differs by state.
Our lawyers will also gather evidence to prove your case, including medical records and expert reports. We will then negotiate with the defendant to resolve your case outside of court or take it to trial. We've helped countless families receive millions in settlements. However, erb's palsy law firm clearwater vary.
What are my chances to win a lawsuit?
The chances of winning a lawsuit are contingent on the severity of the injuries and whether or not negligence can be established. An experienced Erb's Palsy lawyer can help you determine the strength of your case and fight for the most compensation.
The brachial plexus is a system of nerves that supply control and sensation to the muscles in your arm. These nerves can be damaged when you stretch or pull the shoulders, arms, or heads. This can cause injuries such as Erb's 'Palsy. In some instances these injuries are not permanent and can be corrected with therapy. In other instances, the injury is permanent and can have a significant impact on your child's future.
While obstetricians have been trained to recognize the possibility of shoulder dystocia and take the necessary precautions during delivery this condition can still happen. Brachial plexus injuries are believed to be caused by about 50% of vaginal births.
It's often a result of medical negligence that causes this type of injury, therefore parents who have children suffering from this condition should speak with an experienced Erb's Palsy lawyer to examine the case. The legal process is time-consuming and complex, yet financial compensation can cover the costs of your child's treatment and medical care. This could include medical costs, therapy, and other costs incurred due to this disability.
How much compensation should I get?
The cost of caring for a child who suffers from Erb's palsy can be very expensive. A settlement from a successful suit could assist in reimbursing these expenses. This financial support is particularly important for lower-income families.
Settlements for Erb's sprained muscles can sometimes be worth millions of dollars. This is because of the serious nature of injuries and the degree of malpractice. Every case is unique, and many factors are at play.
Your lawyer will collect evidence to determine what caused of your injury. They will then assess any future medical and treatment expenses your child might require to establish a case value. This could be used as a bargaining chip with the defendants in your lawsuit.
After your legal team has completed this process, they will start filing your Erb's Palsy lawsuit with the courts. The defendants then have 30 days to respond to the claim. Your lawyer may now prepare for trial, if needed.
If medical negligence is the reason of your child's brachial plexus injury, it is important to file a lawsuit. If you do this you will be able to pursue justice and ensure that your child has the resources they require to live an enjoyable life. To find out more about your rights, contact an New Jersey Erb’s Palsy attorney.