Erb’s Palsy Settlement
Children born with Erb’s palsy could be eligible to receive compensation for their injuries. Learn about the legal procedure and how to make a claim with help from a seasoned attorney at Sokolove Law.
Settlements can be used to pay for medical expenses as well as other expenses to care for the child. However, it is important to consult with an Erb’s lawyer as soon as possible to ensure that you don’t miss deadlines.
What is a settlement?
A settlement is a contract between two parties that resolves any dispute without court procedures. It is a helpful tool in civil litigation as it allows parties to save time and money by not having to go through a lengthy legal process.
An Erb’s palsy settlement is a type of compensation that is awarded to families who have been affected by malpractice in the delivery of their child. The condition can be caused by a range of causes, but most often it is the result of improper methods of delivery. Infants can suffer from serious injuries such as shoulder dystocia or brachial-plexus injuries if doctors and nurses don’t adhere to the proper guidelines for care.
It is important to consult an Erb’s Palsy lawyer when a child is diagnosed with the condition. You may be entitled to an agreement that will to pay for your child’s future treatment, however filing late or committing mistakes on the paperwork can result in you not receiving the compensation you deserve.
To start the legal process, your lawyer will file a formal complaint in court. This is a formal document that outlines the injuries your child sustained and how they were caused by medical negligence during the birthing process. Your legal team will then present the evidence before a jury and judge who will decide on the amount of compensation (if any) you’re entitled to.
How do I file suit?
If your child developed Erb’s syndrome as a result of negligence on the part of a doctor, you could be eligible for compensation. Our attorneys will make the legal process easy and work to get you the compensation you need.
Erb’s spalsy can develop when doctors put too much pressure on a baby’s head, Vimeo.com neck or arms during vaginal birth or C-section. This can cause tearing or stretching of the nerves in the brachial nerve, younglimonynj.com which regulates movement and the sensation of the arm. It is typically caused by the birth process being difficult or a Breech birth. It is possible to prevent it with proper medical treatment.
Some babies recover on their own while others are permanently disabled. However, most families bring lawsuits because they believe the doctor should have known that traction was risky and should have taken action to prevent injury.
Our lawyers will evaluate your case for free and determine if you’re eligible to receive compensation. If you’re qualified, we will help you file your claim within the state’s statute of limitations, which varies according to the state.
Our lawyers will also collect evidence to prove your claim, including medical documents and expert reports. We then negotiate to settle the case with the defendant out of court, or to go to trial. We’ve helped many families get millions in settlements, but each case is unique.
What do I stand to win in a lawsuit?
The odds of winning a lawsuit depend on the severity of the injury and whether negligence can be established. An experienced Erb’s Palsy attorney can assist you to determine your case strength and fight for the most compensation.
The brachialplexus is a group of nerves that provide sensation and coordination to the muscles of your arm. These nerves are damaged when you stretch or pull the shoulders, arms, or heads. This can lead to injuries such as Erb’s ‘Palsy. In some instances these injuries are not permanent and can be treated through therapy. In certain instances the injury could be permanent and have a profound impact on your child.
Obstetricians are trained to recognize the danger of shoulder dystocia and take the necessary precautions during birth, this condition can still happen. In fact it’s estimated that approximately 50% of cases involving brachial and plexus injuries are due to simple vaginal births.
It’s usually a case of medical negligence that causes this kind of injury, so parents who have children suffering from this condition should speak with an experienced Erb’s Palsy lawyer to examine the case. The legal process can be a bit complicated and time-consuming, but the financial compensation you receive could be used to pay for the costs associated with the treatment and care your child receives. This includes medical costs as well as therapy costs and other expenses due to the disability.
What compensation amount will I receive?
The cost of caring for a child who suffers from Erb’s syndrome can be expensive. The compensation from a successful lawsuit could be able to help pay for these expenses. This financial support is especially crucial for families with lower incomes.
Settlements for Erb’s sprained muscles can sometimes be worth millions of dollars. This is due to the extent of the injuries as well as the extent of negligence. Every case is unique and several factors are involved.
If you file a claim your lawyer will gather evidence and determine the cause of the injury. The lawyer will estimate the cost of treatment and the care your child might require in order to determine the value of a case. This can be used to negotiate with the defendants in your lawsuit.
Once your legal team has completed the procedure and is ready to start a lawsuit in the court for Erb’s Palsy. The defendants are given 30 days to respond. Your lawyer can now prepare for trial if needed.
It is important to file a lawsuit if medical negligence caused your child’s brachial plexus injury. You can ensure that your child receives the support needed to live an active and healthy life by seeking justice. To find out more about your rights, speak to a New Jersey Erb’s Palsy attorney.