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Children born with Erb's palsy may be able to receive compensation for their injuries. Learn more about the legal process and how to make a claim with help from a seasoned attorney at Sokolove Law.
A settlement can cover medical expenses as well as other costs that are associated with the child's care. It is essential to speak with an Erb's Palsy attorney as soon as you can so that you don't miss any deadlines.
What is a settlement?
A settlement is an agreement between two parties that settles an issue without the need for court proceedings. It is a valuable tool in civil litigation because it helps parties save money and time by the time and expense of a lengthy legal procedure.
An Erb's-Palsy settlement is a type of compensation that is awarded to families affected by malpractice in the delivery of their child. This condition can be caused by a number of reasons, but it's often the result of ineffective methods of delivery. Infants may suffer serious injuries, such as shoulder dystocia or brachial-plexus injuries when nurses and doctors do not follow the right standards of treatment.
If a child is diagnosed with this condition, it is important to speak with an experienced Erb's Palsy attorney whenever you can. You may be entitled to an settlement to help to pay for your child's future treatment, however filing late or making mistakes with the paperwork can cost you the money you deserve.
To begin the legal process your lawyer will file a formal complaint in the court. This is a formal statement that details the injuries your child sustained and how they were caused by medical negligence during the birth. Your legal team will present the evidence to a jury or judge, who will decide the amount of compensation (if any) you're entitled to.
How do I file a lawsuit?
If your child was diagnosed with Erb's syndrome as a result of negligence in the medical field, Erb's palsy Attorney you could be entitled to compensation. Our lawyers will make the legal process easy and help you get the compensation you require.
Erb's palsy can develop when doctors pull too hard on the baby's neck, head or arms during vaginal birth or C-section. This can tear or stretch nerves in brachial plexus that control the movement and feel of the arm. It is often caused by a difficult birth or a breech birth and can be prevented with proper medical care.
Some babies recover on their own while others remain disabled for life. Families typically bring lawsuits against the doctor due to the belief that he should have known the dangers of traction and taken steps to avoid injury.
Our attorneys will review and analyze your case for free to determine if you are qualified to receive compensation. If you're eligible, we'll help you file an claim within the statutes of limitations.
Our lawyers will also collect evidence to prove your claim, such as medical records and expert reports. We will then negotiate with the defendant to resolve your case outside of court, or go to trial. We have helped countless families receive millions of dollars in settlements. However, the specific circumstances may vary.
What are my chances to win a lawsuit?
The odds of winning a lawsuit are contingent on the severity of the injuries and whether negligence can be proved. A skilled Erb's Palsy lawyer will help you determine the strength of your case and fight for the maximum compensation possible.
The brachialplexus is a group of nerves that provides feeling and coordination to muscles of your arm. Any forceful stretching or pulling on the shoulder, head or arms that strains the nerves can cause damage and cause an injury like Erb's palsy. These injuries may be short-term and rehabilitated with therapy. In certain instances, the injury may be permanent and cause major impact on your child.
While obstetricians are trained to recognize the risks of shoulder dystocia, and take proper precautions during delivery but this condition can occur. In fact, it's estimated that around 50% of cases involving brachial-plexus injuries are caused by simple vaginal births.
Medical negligence is usually the reason behind this type of injury. Parents whose children have this condition should speak with an experienced Erb's Palsy lawyer to look into the situation. The legal process is time-consuming and complicated, but financial compensation may provide the cost of your child's treatment as well as care. This includes medical expenses, therapy and other costs due to the disability.
How much compensation can I expect to receive?
The cost of caring for a child suffering from Erb's palsy is often expensive. The compensation that you receive from a successful lawsuit may help to cover these costs. Particularly for households with lower incomes, this financial aid can make all the difference.
In some cases, Erb's palsy settlements can be worth millions of dollars. This is due to the serious nature of the injuries as well as the extent of negligence. However each case is unique and there are a variety of factors that are involved.
Your lawyer will gather evidence to determine the root of your injury. They will also determine any future medical or treatment expenses your child might require to establish a value of the case. This could be used to negotiate with the defendants in your lawsuit.
After your legal team has completed the procedure they will submit your Erb's palsy lawsuit with the courts. The defendants will then have 30 days to respond to the claim. Your lawyer may now prepare for trial, if necessary.
If medical negligence is the cause of your child's brachial plexus injury, it is important to file a claim. By doing so you can pursue justice and ensure that your child has the resources they need to live an enjoyable life. Contact an New Jersey Erb's Palsy lawyer to find out more about ways you can get the help you need.
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