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Children born with Erb’s palsy may be eligible for compensation. Learn more about the legal process and how to make a claim with help by an experienced attorney at Sokolove Law.
A settlement may cover medical expenses and other expenses that are associated with the child's care. It is essential to talk with an Erb's Palsy attorney as soon as possible so that you don't miss any deadlines.
What is a settlement?
A settlement is an agreement between two parties to resolve the dispute without court proceedings. It is a useful tool in civil litigation as it allows parties to save money and time by getting rid of the lengthy legal process.
A settlement for Erb's palsy is awarded to families impacted by medical negligence during childbirth. This condition can be caused by many reasons, but it's often the result of improper methods of delivery. If nurses and doctors fail to adhere to the appropriate standards of care for infants, they can suffer serious injuries, such as shoulder dystocia or brachial plexus injury.
If a child has been diagnosed with this condition, it's vital to talk with an experienced erb's palsy lawyers Palsy attorney whenever you can. You may be entitled to an agreement that will to pay for your child's future care, but filing late or committing mistakes on the paperwork can result in you not receiving the compensation you're entitled to.
Your lawyer will submit a court complaint to start the legal process. This is a formal record that details the harms your child suffered and how they were caused by medical negligence during birth. Your legal team will present the evidence to a judge and jury who will decide on what amount of compensation (if any) you are entitled to.
How do I file a lawsuit?
You may be eligible for compensation if you child developed Erb’s palsy due to medical negligence. Our lawyers simplify the legal process and will help get you the money you need.
Erb's Palsy can occur when doctors pull too hard on a baby's head, neck, or arms during vaginal birth or a c-section. This can stretch or tear the nerves in the brachial plexus, which control the movement and sensation of the arm. It is most commonly 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 are permanently disabled. However, the majority of families bring lawsuits because they believe the doctor should have been aware that traction was risky and should have taken the necessary steps to avoid injury.
Our lawyers will evaluate your case for no cost to determine if you're qualified to receive compensation. If you're qualified we'll assist you to file your claim within your state's statute of limitations, which is different according to the state.
Our lawyers will also gather evidence to support your case, such as medical documents and expert reports. We then negotiate a settlement of the case with the defendant out of court, or to take it to trial. We've assisted many families to get millions in settlements, however individual cases vary.
What do I have to lose if I win a lawsuit?
The chances of winning a lawsuit depend on the severity of the injury and whether or not negligence can be established. An experienced Erb's Palsy lawyer can help determine your case strength and ensure that you receive the maximum compensation.
The brachialplexus is a group of nerves which provides feeling and coordination to 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 may be short-term and can be improved with therapy. However, in some cases the injury can be permanent and will 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 delivery this condition can still occur. Brachial plexus injury is estimated to be caused by about 50% of vaginal births.
Medical negligence is typically the cause of this type injury. Parents whose children have this condition should consult an experienced Erb’s Palsy lawyer to look into the matter. The legal process can be a bit complicated and time-consuming, but the financial compensation you receive could help cover costs related to your child's treatment and care. These include medical expenses as well as therapy and other expenses due to this disability.
How much compensation can I expect to receive?
The cost of raising a child with Erb’s palsy is high. A settlement from a successful lawsuit could assist in reimbursing these expenses. This financial support is especially crucial for families with lower incomes.
Settlements for Erb's palsy can be worth millions of dollars. This is because of the serious nature of injuries and the degree of negligence. Every case is unique, and many factors are at play.
If you file a claim your lawyer will work to collect evidence and determine the root of the injury. The lawyer will estimate the future costs of treatment and care that your child may require in order to establish the value of a case. This can be used to negotiate with defendants in your lawsuit.
Once your legal team has completed the procedure they will begin filing your Erb's lawsuit with the courts. The defendants are given 30 days to respond. At this time, your lawyer will prepare for trial if required.
It is important to make a claim if medical negligence caused your child's brachial or plexus injury. By doing this you can pursue justice and ensure that your child has the resources they require to lead a happy life. To find out more about your rights, contact a New Jersey Erb’s Palsy attorney.
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