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Children born with Erb's palsy could be eligible to receive compensation for their injuries. Find out more about the legal process and Erb's Palsy how to make a claim with help by an experienced attorney at Sokolove Law.
A settlement can cover medical costs and other costs related to the care of the child. However, it is essential to speak with an Erb's lawyer as soon as you can to ensure you don't miss deadlines.
What is a settlement?
A settlement is an agreement between two parties that resolves disputes without having to go through court procedures. This is an important instrument in civil lawsuits because it lets the parties save time and money by avoiding the long legal process of litigation.
An Erb's palsy settlement is an amount of money that is paid to families who have been affected by medical negligence during childbirth. This condition can be caused by several factors, but is most often the result of poor delivery methods. Infants can be afflicted with serious injuries such as shoulder dystocia or brachial-plexus injuries if nurses and doctors don't adhere to the proper guidelines for care.
It is important to talk with an Erb's Palsy lawyer immediately after a child is diagnosed with the condition. You may be entitled to a settlement to help provide for the future care of your child. However, submitting late or making mistakes in the paperwork could cost you the compensation you deserve.
To begin the legal process, your lawyer will file a lawsuit in court. It is a formal document which details the injuries your child suffered and how they were caused by medical negligence at the time of birth. Your legal team will then present the evidence to a judge and jury, who will decide how much compensation (if any) you are due.
How do I start a lawsuit?
If your child was diagnosed with Erb's palsy as a result of negligence by a medical professional, you may be eligible for compensation. Our attorneys simplify the legal process and will help make sure you receive the money you need.
Erb's syndrome can be triggered when doctors put too much pressure on the neck, Erb's Palsy head, or arms during vaginal birth or c-section. This can cause tears or stretching of nerves in the brachial region that regulate movement and the sensation of the arm. It is usually caused by a difficult delivery or a breech birth and can be avoided by taking care of it properly.
Some babies recover from this injury on their own while others remain disabled for life. However, most families have filed lawsuits due to the belief that the doctor should have known that traction could be dangerous and should have taken the necessary steps to prevent injury.
Our lawyers will evaluate your case free of charge to determine if you're qualified for compensation. If you're eligible we'll help you file an application within the state's statutes of limitations.
Our lawyers will also collect evidence to prove your claim, such as medical documents and expert reports. We will then negotiate with the defendant to settle your case without going to court, or go to trial. We have helped countless families receive millions of dollars in settlements. However, individual cases could differ.
What are my chances of winning a lawsuit?
The likelihood of winning a lawsuit depends on the severity of the injury and the capacity to prove negligence. An experienced Erb's Palsy attorney can help you determine your case strength and help you fight for the maximum amount of compensation.
The brachialplexus is a set of nerves that provide sensation and coordination to the muscles of your arm. Any forceful stretching or pulling on the shoulders, head or arms that stretch these nerves may cause damage and cause injuries like Erb's palsy. In some cases these injuries are merely temporary and can be treated with therapy. But in others the injury is permanent and can have a significant impact on your child's daily life.
Although obstetricians are trained to recognize the risk of shoulder dystocia, and take the appropriate precautions during birth, this condition is still a possibility. In fact, it's estimated that around 50% of cases involving brachial-plexus injuries are caused by simple vaginal births.
Medical negligence is often the reason for 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 circumstances. The legal process can be complex and time-consuming, however the amount of money you receive could assist in paying for the treatment and care your child receives. These could include medical expenses as well as therapy and other expenses incurred due to this condition.
What compensation amount can I expect to receive?
The cost of raising a child with erb's palsy lawyers palsy can be costly. The compensation you receive from a successful lawsuit could be used to pay for these expenses. Particularly in households with lower incomes, this financial help could make all the difference.
In certain cases Erb's settlements for palsy can be worth millions of dollars. This is due to the seriousness of the injuries as well as the extent of negligence. Every case is unique, and numerous factors play into the case.
Your lawyer will gather evidence to determine the root of your injury. The lawyer will assess the cost of treatment and care that your child might require in order to establish the value of your case. This can be used to negotiate with the defendants in your lawsuit.
After 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 may now prepare for trial, if needed.
If medical negligence is the reason of your child's injury to the brachial-plexus It is crucial to file suit. By doing this you can seek justice and ensure that your child is provided with the resources they require to live a happy life. To find out more about your rights, speak to an New Jersey Erb’s Palsy attorney.
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