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Why Is Erb's Palsy Settlement So Popular?
Erb's Palsy Litigation

Legal action after the injury to your child's brachial plexus may aid you and your family to find closure. However, the process of litigation is complicated and requires experienced legal representation.

If you are successful in your lawsuit, your family can be awarded compensation for the medical bills of your child and future treatment. Find out more about Erb's palsy litigation procedure.

The Legal Process

Families file Erb's-Palsy lawsuits to obtain the cost of medical treatment and other expenses. erb's palsy lawyer salem of money awarded depends on the severity of your child's injuries as well as the specific situation. It could easily amount to millions of dollars.

Many of the lawsuits involving Erb's Psy settle without court. Lawyers for the plaintiff and defendant work together to reach an agreement that is acceptable to both parties. This can drastically reduce the legal process and save your family from having to go before jurors or judges. If, however, your family cannot agree on the terms of settlement, you'll need to go to trial. This can take a significant amount of time, but can also result in a larger award.

The brachial nerves regulate the movement of the arm. During labor and birth excessive forceful pulling of the neck, head, shoulders or on the arms could cause nerve damage, resulting in Erb's Palsy. This type of injury is usually avoidable. Families bring a lawsuit to hold negligent healthcare professionals accountable for the injuries they cause. They also want to spread awareness of this birth injury which could have been prevented. In the past, these lawsuits have helped families receive a fair settlement in order to ensure their child's future.

Arbitration or Mediation

If your child was injured in the womb by medical negligence and was later diagnosed with brachial palsy, an Erb's Palsy settlement can help you cover the cost of their treatment. This may include treatment, therapy, assistive devices, and procedures.

Many lawsuits settle outside of court. This allows plaintiffs to receive an amount of money faster and avoids the possibility of a judge ruling to overturn a jury verdict. Your lawyer and the hospital's lawyers will likely attempt to reach a settlement prior to when the trial begins.

If you are unable to come to a deal the case will be taken to arbitration. A neutral third party will hear both sides and determine who wins the case. This hearing is more informal than a court trial, but it is important to present witnesses and physical evidence.

Also, you must have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses are able to attend the hearing in person or you can submit their statements via video conferencing. You must ensure that all of your witnesses are aware that they will be required to attend the hearing by submitting subpoenas before the hearing. In addition, you must have their addresses and phone numbers on file in case they are called to testify in the future.

Complaints in Court

Many children who suffer from the condition Erb's-Palsy can overcome physical limitations with daily physical therapy. Some may require surgery to repair torn or damaged nerve fibers. However, a substantial proportion of children don't recover to a significant degree and will be forced to live with the handicapping effects of this birth injury for the rest of their life. Parents who believe their child's Erb's paralysis was due to medical negligence during the delivery process have the right claim an appropriate amount of compensation for their child's injuries.

Your lawyer will collaborate with doctors who are experts in treating this condition. They will create an annual cost of living estimate. This helps determine how much you're entitled to from the Erb's palsy settlement. Your lawyer can also assist you get copies of the medical records for your child and determine if the doctor who was involved in the birth of your child had prior experience with similar malpractice cases.

Once your lawyer understands the injuries of your child then she will make a claim against the defendants. Both sides will go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical documents are also included. This is a crucial aspect of the legal process because it allows both sides to build their arguments. It can take up to a year to settle a case.

Settlement

If your lawsuit against Erb's Palsy is successful your lawyer might be able obtain compensation to pay for medical expenses including future treatment costs, adaptive devices, as well as physical therapy. You could also be awarded damages for emotional trauma as well as loss of quality of life.

Your lawyer will have to collect evidence to prove the error that caused the brachial plexus injuries to your child and may include medical documents, witness statements, and expert testimony. After your lawyer has collected this evidence, they'll bring the lawsuit against the defendants, which are usually the medical experts who delivered your child. The defendants are then given a set time frame to respond. In the discovery phase each side will collect evidence to support their claims.


Most lawsuits settle out of court rather than going to trial, since it's more cost-effective for the parties involved. If your lawyer believes that they can win in court, they could choose to take the case all the way to the verdict of a jury. A successful verdict in a birth injury lawsuit can give families a sense of justice and can help increase awareness and prevent these types of injuries from occurring in the future. If your verdict is not in your favor then you may appeal the decision. This procedure could take longer, but can raise the amount you receive.

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