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Children who are born with Erb's palsy might be eligible to receive compensation for their injuries. Learn about the legal process and how to get help from an experienced attorney at Sokolove Law.
A settlement can cover medical expenses and other costs for the care of the child. It is important to consult an Erb's Palsy attorney in the earliest possible time to avoid missing any deadlines.
What is a settlement?
A settlement is a voluntary agreement between two parties that settles disputes without the necessity of court procedures. It is a useful tool in civil litigation because it allows parties to save time and money by not having to go through a lengthy legal process.
A settlement for Erb's Palsy is awarded to families impacted by medical malpractice in childbirth. This condition can be caused by a variety of causes, but typically, it is caused by improper delivery techniques. If nurses and doctors fail to follow the proper guidelines for care, infants might suffer serious injuries like shoulder dystocia or brachial plexus injury.
If your child has been diagnosed with this condition, it is crucial to consult with an experienced Erb's Palsy attorney whenever you can. You may be entitled to an agreement that will provide for your child's ongoing care, but filing late or committing mistakes on the paperwork can cause you to lose the compensation you're entitled to.
To start the legal process, your lawyer will file a complaint with the court. This is a formal document which details the injuries your child suffered and how they were caused due to medical negligence that occurred during the birth. Your legal team will present the evidence before a judge and jury who will decide what amount of compensation (if any) you are due.
How do I do I file a lawsuit?
If your child has developed Erb's palsy because of negligence in the medical field, you could be entitled to compensation. Our lawyers will make the legal process easy and help you receive the compensation you need.
Erb's palsy may develop when doctors forcefully pull on the neck, head or arms during a vaginal birth or C-section. This can cause tearing or stretching of the nerves of the brachial area, which control movement and sensation in the arm. It is often caused by a difficult delivery or a breech birth, and it is preventable with proper medical care.
Some babies recover on their own while others remain disabled for life. The majority of families seek to sue the doctor because they believe that he ought to have known traction was dangerous and taken measures to avoid injury.
Our attorneys will review and analyze your case free of charge to determine if you're qualified for compensation. If you're eligible we'll help you submit your claim within your state's statute of limitations, which is different according to the state.
Our lawyers will also gather evidence to prove your claim, such as medical documents and expert reports. We then negotiate with the defendant to resolve your case outside of court, or go to trial. We've helped countless families receive millions in settlements, however the individual cases are different.
What are my chances of winning a lawsuit?
The chances of winning a lawsuit are contingent on the extent of the injury and whether negligence can be proven. A skilled Erb’s Palsy lawyer can help you determine the strength of your case and ensure that you receive the maximum compensation.
The brachial nerve plexus is a collection of nerves that supply control and sensation to the muscles in your arm. These nerves can be damaged when you pull or stretch the shoulders, arms or heads. This can result in injuries like Erb's palsy. These injuries may be temporary and can be improved with therapy. In some instances, the injury may be permanent and cause major impact on your child.
Although obstetricians are educated to recognize the risk of shoulder dystocia, and take the appropriate precautions during the delivery, this condition is still a possibility. In fact it's estimated that up to 50% of cases involving brachial and plexus injuries are due to non-complicated vaginal births.
Medical negligence is often the cause of this type injury. Parents of children suffering from this condition should speak with an experienced Erb’s Palsy lawyer to look into the situation. The legal process can be lengthy and complicated, but the financial compensation you receive could be able to cover the cost of your child's treatment and care. These could include medical expenses, therapy, and other costs incurred due to the disability.
How much compensation can I expect to receive?
The cost of caring for a child who suffers from Erb's Palsy can be high. The compensation from a successful lawsuit could help cover these costs. This financial assistance is especially important for lower-income families.
Settlements for the Erb's Palsy condition can sometimes be worth millions of dollars. This is due to the severe nature of the injuries and the extent of malpractice. Every case is unique, and there are many factors at play.
When you file a claim, your lawyer will work to gather evidence and determine what caused of the injury. They will then assess any future treatment and care expenses your child might require to establish a case's value. This could be used as a bargaining chip with the defendants in your lawsuit.
After your legal team has completed the procedure they will file a lawsuit in court for Erb's palsy. The defendants then have 30 days to respond to the claim. At this point, your lawyer can prepare for trial if needed.
It is essential to make a claim if medical negligence caused your child's brachial or plexus injury. By doing this you will be able to pursue justice and ensure that your child has the resources they need to live an enjoyable life. To find out more about your rights, you can contact an New Jersey Erb’s Palsy attorney.
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