Erb's Palsy Settlement

Children who are born with Erb's palsy could be eligible to receive compensation for their injuries. Learn more about the legal process and how to file a lawsuit with help from an experienced attorney at Sokolove Law.

A settlement can pay for medical expenses and other costs to provide care for your child. It is essential to talk 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 a voluntary agreement between two parties which resolves a dispute without the need for court proceedings. It is a useful tool in civil litigation since it allows parties to save time and money by getting rid of the lengthy legal process.

An Erb's Palsy settlement is a type of settlement that is granted to families affected by medical negligence during childbirth. The condition can be caused by a variety of factors, but usually it is the result of improper methods of delivery. When doctors and nurses fail to adhere to the appropriate guidelines for care, infants might suffer serious injuries like shoulder dystocia and brachial nerve injury.

It is important to consult an Erb's Palsy lawyer at the time a child is diagnosed with the condition. You could be eligible for a settlement that will help provide for your child's ongoing care, but filing late or committing mistakes on the paperwork can result in you not receiving the compensation you're entitled to.

To begin the legal process, your lawyer will file a complaint with court. This is a formal statement that details the injuries your child sustained and how they were caused by medical negligence at the time of birth. Your legal team will present the evidence to a jury or judge who will determine how much compensation (if any) you're entitled to.

How do I file a lawsuit?

If your child has developed Erb's syndrome as a result of negligence on the part of a doctor, you could be entitled to compensation. Our attorneys will help you through the legal process and work to get you the compensation you require.

Erb's palsy can happen when doctors pull too hard on a baby's head neck or arms during vaginal delivery or a c-section. This can stretch or tear the nerves of the brachial plexus that regulates movement and the sensation of the arm. This is usually caused by difficulties in birth or Breech birth. It can be avoided by taking care of your medical needs.

Some babies recover from this injury on their own and others remain disabled. However, most families file lawsuits because they believe the doctor should have known that traction is dangerous and should have taken the necessary steps to prevent injury.

Our attorneys will review and analyze your case for no cost to determine if you're eligible to receive compensation. If you're eligible we'll assist you to make a claim within your state's statute of limitations, which is different according to the state.

Our lawyers will also collect evidence to prove your case, such as medical documents and expert reports. We will then negotiate to settle the case with the defendant outside of court, or go to trial. We have helped many families obtain millions of dollars in settlements. However, the specific circumstances may vary.

What do I have to lose if I win a lawsuit?

The chance of winning a lawsuit is contingent on the severity of the injury and the capacity to demonstrate negligence. A skilled Erb’s Palsy lawyer can help you determine the strength of your case and help you fight for the maximum amount of compensation.

The brachialplexus is a set of nerves that provides sensation and Erb's palsy coordination to the muscles of your arm. Any forceful stretching or pulling on the shoulder, head or arms that strains these nerves may cause damage and lead to an injury like Erb's palsy. These injuries may be short-term and improved with therapy. However, in other cases the injury is permanent and will have a significant impact on the child's life.

Even though obstetricians are trained to recognize the dangers of shoulder dystocia, and take proper precautions during birth but this condition can occur. Brachial plexus injuries are believed to be caused by approximately 50 percent of vaginal births.

It is usually medical negligence that causes this type of injury, so parents who have children with this condition should consult an experienced Erb's Palsy lawyer to examine the case. The legal process can be time-consuming and complex, but the financial compensation you receive could help pay for your child's treatment and medical care. This includes medical costs, therapy and other costs caused by the disability.

What compensation should I anticipate?

The cost of caring for a child with Erb's palsy can be very high. The compensation from a successful lawsuit may aid in covering these costs. This financial support is particularly crucial 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 injuries and the severity of malpractice. Each case is unique and many factors are at play.

Your lawyer will collect evidence to determine the source of your injury. They will also determine any future treatment and care costs your child may require to establish a case's value. This can be used to negotiate with defendants in your lawsuit.

Once your legal team has completed the process, they will file your Erb's palsy lawsuit with the courts. The defendants have 30 days to respond. At this time, your lawyer will prepare for trial if required.

It is important to start a lawsuit if medical negligence caused your child's brachial or plexus injury. You can ensure that your child receives the resources needed to live an enjoyable and healthy life by pursuing justice. To learn more about your rights, speak to an New Jersey Erb’s Palsy attorney.