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Children born with Erb's Palsy might be eligible for compensation. Find out more about the legal process and how to file a lawsuit with help from a seasoned attorney at Sokolove Law.
A settlement can cover medical expenses as well as other expenses for the child's care. It is essential to talk with an Erb's Palsy attorney in the earliest possible time so that you don't miss any deadlines.
What is a settlement?
A settlement is a kind of mutual agreement between two parties that resolves an issue without the necessity of court procedures. This is an important instrument in civil lawsuits because it allows the parties to save time and money by avoiding the long legal process of litigation.
A settlement for Erb's palsy is awarded to families affected by medical negligence during childbirth. The condition can be caused by a range of causes, but the most of the time, Erb's palsy attorney it's due to poor methods of delivery. When nurses and doctors do not adhere to the correct standards of care, infants may suffer serious injuries like shoulder dystocia and brachial plexus injury.
If your child has been diagnosed with this condition, it is vital to talk with an experienced Erb's Palsy attorney as soon as possible. You may be entitled to a settlement to help to pay for the future medical care of your child. However, failing to submit your paperwork on time or making mistakes in the paperwork could cost you the compensation that you deserve.
Your lawyer will submit a court case to start the legal process. This is a formal record that details the injuries your child suffered and the way they were caused by medical negligence during birth. Your legal team will present your case to an audiologist and a jury, who will decide if you're entitled to compensation.
How do I do I file a lawsuit?
If your child was born with Erb's Palsy as a result of negligence on the part of a doctor, you could be eligible for compensation. Our attorneys simplify the legal process and will help make sure you receive the money you require.
Erb's spalsy can develop when doctors pull too forcefully on a baby’s head, erb's Palsy attorney arms or neck during vaginal birth or a C-section. This can cause tears or stretching of nerves in brachial plexus that regulate movement and the sensation of the arm. This is usually the result of a difficult birth or a Breech delivery. It is possible to prevent it through proper medical care.
Some babies recover from this injury on their own, while others remain disabled for life. Families typically pursue lawsuits against the doctor due to the belief that he should have realized that traction could be dangerous and took steps to prevent injuries.
Our lawyers will evaluate your case for free to determine if you're eligible to receive compensation. If you qualify we'll help you file a claim within the state's statutes of limitations.
Our lawyers will also gather evidence to prove your claim, such as medical records and expert reports. We will then negotiate a settlement of the case with the defendant outside of court, or to go to trial. We have helped many families obtain millions of dollars in settlements. However, the specific circumstances could differ.
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 ability to demonstrate negligence. A knowledgeable Erb's Palsy lawyer can help determine your case strength and fight for maximum compensation.
The brachialplexus is a group of nerves, which provide control and sensation to the muscles of your arm. Any forceful pulling or stretching on the shoulder, head, or arms that stretches the nerves can cause damage and lead to an injury like Erb's palsy. These injuries are usually temporary and rehabilitated with therapy. However, in other cases the injury can be permanent and will have a profound impact on your child's life.
While obstetricians are trained to recognize the dangers of shoulder dystocia, and take appropriate precautions during the delivery however, this condition is still able to occur. Brachial plexus injuries are believed to be the result of around 50% of vaginal births.
It's usually a case of medical negligence that causes this kind of injury, so parents whose children suffer from this condition should consult an expert Erb's Palsy attorney to review the situation. The legal process is often complicated and time-consuming, however the amount of money you receive could assist in paying for your child's treatment and care. This could include medical expenses therapy, as well as other costs caused by the disability.
What compensation amount can I expect to receive?
The cost of caring for a child with Erb's syndrome can be high. The amount you are awarded from a successful lawsuit may assist in covering these costs. This financial assistance is especially important for families with lower incomes.
In certain cases Erb's palsy settlements could be worth millions of dollars. This is due to the severity of the injuries and extent of malpractice. Every case is unique, and numerous factors play into the case.
If you file a claim your lawyer will gather evidence and determine the cause of the injury. They will also determine the future treatment and costs that your child might require to establish a value of the case. This can be used as a bargaining chip with the defendants of your lawsuit.
Once your legal team has completed the process, they will make a court filing for Erb's palsy. The defendants then have 30 days to respond to the claim. Your lawyer can now prepare for trial, if needed.
If medical negligence is a cause of your child's injury to the brachial-plexus, it is important to file suit. In doing this you will be able to pursue justice and ensure that your child is provided with the resources they need to live a happy life. Contact a New Jersey Erb's Palsy lawyer to find out more about ways you can receive the help that you deserve.
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