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Erb's Palsy Settlement
Children who are born with Erb's palsy might be eligible to receive compensation for their injuries. Learn about the legal procedure and how to make a claim with help from a seasoned attorney at Sokolove Law.
A settlement can cover medical expenses and other costs to care for the child. However, it is important to talk with an erb's palsy lawyers lawyer as soon as possible to ensure you do not miss any deadlines.
What is a settlement?
A settlement is an agreement between two parties to settle disputes without the necessity of court proceedings. It is a useful instrument in civil litigation because it helps parties save time and money by avoiding a lengthy legal process.
A settlement for Erb's Palsy is awarded to families who have been affected by medical negligence during childbirth. The cause of this condition is various factors, but is most often the result of improper methods of delivery. Infants may suffer serious injuries such as shoulder dystocia and brachial plexus injuries when nurses and doctors are not following the appropriate guidelines for treatment.
It is important to talk with an Erb's Palsy lawyer at the time the child is diagnosed with the condition. You could be eligible for an settlement to help pay for your child's future care, but filing late or making mistakes with the paperwork could cause you to lose 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 resulted from medical negligence during the birthing process. Your legal team will then present the evidence to a jury or judge who will decide on what amount of compensation (if any) you are due.
How do I file a lawsuit?
You could be entitled to compensation if your child was diagnosed with Erb's Palsy because of medical negligence. Our lawyers will make the legal process easy and work to get you the compensation you need.
Erb's palsy can happen when doctors pull too forcefully 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 in the brachial plexus, which control movement and sensation in the arm. This is usually caused by the birth process being difficult or a Breech birth. It can be avoided by taking care of your medical needs.
Some babies recover from the injury on their own and others remain disabled. However, the majority of families have filed lawsuits due to the belief that the doctor should have been aware that traction was risky and should have taken steps to prevent injury.
Our lawyers will review your case free of charge and determine if you're eligible for compensation. If you're eligible we'll assist you to file your claim within the state's statute of limitations, which differs by state.
Our lawyers will also collect evidence to prove your case, such as medical records and expert reports. We will then negotiate with the defendant to settle your case outside of court or Erb's Palsy take it to trial. We've helped many families get millions in settlements, however each case is unique.
What do I stand to win a lawsuit?
The chances of winning a lawsuit depend on the extent of the injury and whether negligence can be proved. A skilled Erb's Palsy lawyer can help you assess the potential strength of your case and help you get the highest compensation you can get.
The brachialplexus is an array of nerves that provides sensory and coordination to the muscles of your arm. These nerves can be damaged when you stretch or pull the arms, shoulders, or heads. This can result in injuries such as Erb's 'Palsy. In some cases these injuries are not permanent and can be treated through therapy. In some cases, the injury may be permanent and cause significant impact on your child.
While obstetricians are trained to recognize the dangers of shoulder dystocia and to take the proper precautions when they deliver however, this condition is still able to occur. Brachial plexus injuries are thought to be the result of around 50 percent of vaginal births.
It's usually a case of medical negligence that causes this type of injury. Parents who have children with this condition should speak with an experienced Erb's Palsy lawyer to look into the case. The legal process is time-consuming and complex, yet financial compensation could provide the cost of your child's treatment and medical care. This could include medical expenses therapy, as well as other costs caused by the disability.
What is the amount of compensation I should expect?
The cost of caring for a child affected by Erb's syndrome can be high. The compensation from a successful suit could help cover these costs. This financial assistance is especially important for families with lower incomes.
Settlements for the Erb's Palsy condition can be worth millions of dollars. This is due to the serious nature of the injuries and the severity of negligence. Every case is unique, and many factors are at play.
Your lawyer will collect evidence to determine what caused of your injury. The lawyer will estimate the future costs of treatment and care your child might require to determine the value of a case. This can be used to negotiate with the defendants in your lawsuit.
Once your legal team has completed the process they will start filing your Erb's Palsy lawsuit with the courts. The defendants will then have 30 days to respond to the claim. Your lawyer will now prepare for trial if needed.
If medical negligence is the reason of your child's brachial-plexus injury, it is important to file suit. You can ensure that your child has the assistance needed to live an enjoyable and healthy life by pursuing justice. Contact a New Jersey Erb's Palsy lawyer to find out more about ways you can get the help you deserve.
