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Erb's Palsy Settlement

Children who are born with Erb's palsy might be eligible to receive compensation for their injuries. Learn more about the legal process and how to make a claim with help from an experienced lawyer at Sokolove Law.

A settlement can cover medical expenses as well as other costs related to the care of the child. It is essential to talk with an Erb's Palsy attorney as soon as you can so that you don't miss any deadlines.

What is a settlement?

A settlement is an agreement between two parties to settle disputes without the need for court procedures. This is an important tool in civil lawsuits, because it lets the parties save time and money by avoiding the lengthy legal process of litigation.

A settlement for Erb's Palsy is awarded to families who have been affected by medical negligence during childbirth. This condition is caused by various reasons, but it's often the result of improper delivery methods. Infants can suffer from serious injuries, such as shoulder dystocia or brachial-plexus injuries if nurses and doctors don't follow the correct standards of care.

If your child is diagnosed with this condition, it's crucial to consult with an expert Erb's Palsy attorney as soon as possible. You could be eligible for an agreement that will to pay for your child's future care, but filing late or committing mistakes on the paperwork could cost you the money you're entitled to.

Your lawyer will submit a court complaint to begin the legal process. It is a formal document which details the injuries sustained by your child and the way they were caused by medical negligence during the birthing process. Your legal team will present the evidence before a jury and judge who will determine the amount of compensation (if any) you are due.

How do I file suit?

You may be entitled to compensation if your child developed Erb's palsy due medical negligence. Our attorneys will simplify the legal process and help you receive the compensation you need.

Erb's Palsy may occur when doctors pull too forcefully on a baby's head, neck or arms during vaginal delivery or a c-section. This can tear or stretch the nerves of the brachial plexus that control movement and sensation in the arm. This is usually caused by the birth process being difficult or a breech delivery. It can be avoided through proper medical care.

Some children recover from this injury on their own, while others remain disabled for life. Most families, however, seek to sue the doctor due to the belief that he should have realized that traction could be dangerous and took steps to prevent injury.

Our attorneys will review and analyze your case for no cost to determine if you are qualified to receive compensation. If you're eligible, we will help you make a claim within your state's statute of limitations, which varies by state.

Our lawyers will also gather evidence to support your case, such as medical documents and expert reports. We then negotiate to settle the case with the defendant outside of court, or proceed to trial. We have helped numerous families receive millions of dollars in settlements. However, individual cases could differ.

What do I stand to win a lawsuit?

The chances of winning a lawsuit are contingent on the extent of the injury and whether or not negligence can be established. An experienced Erb's Palsy lawyer can help determine your case strength and fight for maximum compensation.

The brachialplexus is an array of nerves, which provide control and sensation to the muscles of your arm. Any forceful stretching or pulling on the shoulder, head or arms that stretch these nerves may cause damage and cause an injury like Erb's palsy. In some cases, these injuries are temporary and can be corrected with therapy. In some instances, the injury may be permanent and cause significant impact on your child.

Even though obstetricians have been trained to recognize the risk of shoulder dystocia, and take the necessary precautions during delivery this condition is still a possibility. Brachial plexus injuries are thought to be caused by about 50% of vaginal births.

Medical negligence is typically the cause of this type injury. Parents of children with this condition should consult an experienced Erb's Palsy lawyer to look into the case. The legal process is time-consuming and complex, but financial compensation could cover the costs of your child's treatment and medical care. This includes medical expenses as well as therapy costs and other expenses caused by the disability.

How much compensation can I expect to receive?

The cost of caring for a child with Erb's palsy can be very high. The amount you are awarded from a successful suit can aid in covering these expenses. Particularly in households with lower incomes, this financial aid could make all the difference.

In certain instances, Erb's palsy settlements can be worth millions of dollars. This is due to the severity of the injuries as well as the extent of negligence. Each case is unique and several factors are involved.

If you file a claim your lawyer will work to gather evidence and determine the root of the injury. The lawyer will determine the cost of treatment and the care your child may require to determine the value of your case. This could be used as a bargaining chip with the defendants of your lawsuit.

After your legal team has completed the procedure they will start filing your Erb's Palsy lawsuit with the courts. The defendants will have 30 days to respond. At this time, your lawyer will prepare for trial, if necessary.

If medical negligence is the reason of your child's brachial-plexus injuries it is essential to file suit. You can ensure that your child receives the assistance needed to live an active and healthy life by pursuing justice. Contact an New Jersey Erb's Palsy lawyer to find out more about ways you can receive the assistance you need.