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Legal action in the aftermath of your child's brachial plexus injury can help bring you and your family closure. However, the process of litigation is complex and requires skilled legal representation.
A successful lawsuit can award your family compensation for child's medical bills and any future treatment. Find out more about the Erb's palsy lawsuit procedure.
The Legal Process
Families file Erb's Palsy lawsuits to recover compensation for medical expenses and other losses. The amount of money offered in a settlement is contingent upon your child's specific case and Erb's Palsy Lawsuits the severity of their injuries but it could easily reach the thousands of dollars.
Many Erb's palsy lawsuits are settled out of court. The lawyers representing both the plaintiff and the defendant will collaborate to negotiate an agreement that is acceptable to both parties. This can speed up the legal process dramatically and Erb's palsy lawsuits prevent your family from having a jury or judge decide the case. If your family is unable come to a deal and you are unable to reach a settlement, you must appear in the court. This could take a long time, but it could also result in a higher award.
The brachial nerves control the movement of the arm. During labor and birth excessive forceful pulling of the neck, head or shoulders, or on the arms could cause damage to these nerves, leading to Erb's palsy. The injury is often avoidable. Families seek to hold negligent healthcare providers accountable for the injuries they cause. They also want to raise awareness about the birth injury that could have been prevented. In the past, these lawsuits have helped families receive an appropriate financial settlement that helped their child's future.
Arbitration or Mediation
If your child was injured during the womb by medical negligence and suffered brachial sprains, an Erb's Palsy settlement can help you cover the cost of their treatment. This could include treatment, therapy as well as assistive devices and procedures.
Many lawsuits are settled outside of court. This allows plaintiffs to receive compensation quicker and eliminates the possibility of a judge in the future reversing a jury's verdict. Your lawyer and the hospital's attorneys will likely attempt to reach an agreement prior to the trial beginning.
If you cannot reach an agreement, your case will be sent to arbitration. This means that an impartial third party will listen to both sides and determine who will win the case. This type of hearing is more informal than a court trial however, it is crucial to provide witnesses and physical evidence.
It is also necessary to have copies of all your legal documents and witnesses to present them at the hearing. You can either have your witnesses attend the hearing or submit their statements via videoconferencing. You must ensure that all your witnesses are aware they are required to attend the hearing by submitting subpoenas ahead of time. Additionally, you must keep your witnesses' addresses and telephone numbers on file in case they are required to appear to testify in the future.
Complaint in the Court
Many children with Erb's Palsy can overcome physical limitations with intensive daily physical therapy. Some children require surgery to repair damaged nerve fibers. However, a large percentage of children don't recover to a significant degree and will be forced to live with the handicaps of this birth injury for the rest of their the rest of their lives. Parents who believe their child's Erb's palsy was due to negligence by a medical professional during the birth process are entitled to seek fair compensation for their child's injuries.
Your lawyer will work with doctors who specialize in treating this condition. They will create an estimated cost of living for life estimate. This will help you determine the amount of compensation you are entitled to from your Erb’s palsy settlement. Your lawyer can also help to obtain copies of your child's medical records, and investigate whether the doctor who treated your child's care had a medical malpractice case.
When your lawyer is aware of the harms your child has suffered then she will bring a lawsuit against the defendants. Both parties will undergo the discovery phase that involves exchanging evidence including expert opinions, depositions, additional medical records and more. This is a crucial part of your legal defense because it helps you build your case. Settlements can last for up to one year.
Settlement
If your Erb's Palsy lawsuit is successful, your lawyer could be able to secure compensation to cover medical expenses and future treatment costs, including adaptive devices and physical therapy. You may also be awarded damages for emotional trauma as well as loss of quality of life.
Your lawyer will require evidence to prove that a mistake caused the brachial plexus injury in your child. This could include medical records and witness statements as well as expert testimony. Once your attorney has gathered the evidence, they will start a lawsuit against the defendants, who are usually the medical professionals who delivered your child. The defendants are then given a certain time frame to respond. In this phase of discovery each side will gather evidence to back up their claims.
Most lawsuits settle out of court rather than go to trial, as it's cheaper for all parties involved. If your attorney is convinced that they will win the case at trial it could be decided to take it to the jury for a verdict. A successful verdict in a birth injury lawsuit could bring families a sense of justice and can help increase awareness in order to prevent these types of injuries from happening in the future. If, however, your verdict is not favorable to you then you may appeal the decision. While this process can take longer however, it could also increase the amount of the amount you are awarded.
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