Erb's Palsy Settlement

Children who are born with merrill erb's palsy law firm syndrome may be able to receive compensation for their injuries. Learn more about the legal process and how to file a lawsuit with help by an experienced attorney at Sokolove Law.

A settlement may cover medical expenses and other costs to care for the child. However, it is important to talk with an Erb's palsy lawyer as soon as you can to ensure you don't miss deadlines.

What is a settlement?

A settlement is an agreement between two parties that resolves an issue without the necessity of court proceedings. This is an important instrument in civil lawsuits because it allows the parties to save time and money by avoiding the lengthy legal process of litigation.

An Erb's Palsy settlement is a type of compensation that is awarded to families affected by medical negligence during childbirth. The condition can be caused by a number of factors, but it's most often the result of poor delivery methods. Infants can sustain serious injuries such as shoulder dystocia or brachial plexus injuries if nurses and doctors do not follow the right standards of care.

It is important to talk with an Erb's Palsy lawyer when the child is diagnosed with the condition. You could be eligible for settlements that can help you pay for your child's treatment, however filing late or committing mistakes on the paperwork can result in you not receiving the compensation you're entitled to.

Your lawyer will file a court complaint to begin the legal process. It is a formal document which details the injuries your child sustained and how they occurred due to medical negligence at the time of birth. Your legal team will present the evidence to an impartial jury and judge who will determine if you're entitled to compensation.

How do I file a lawsuit?

If your child was born with Erb's Palsy as a result of medical negligence, you may be entitled to compensation. Our attorneys make the legal process straightforward and will help obtain the funds you require.

Erb's Palsy can occur when doctors forcefully pull on the neck, head, or arms during vaginal birth or a c-section. This can tear or stretch the nerves of the brachial area, which control movement and sensation in the arm. It is usually caused by a difficult birth or a birth that is breech, and it is preventable with proper medical care.

Some babies recover on their own, while others remain disabled for life. However, most families file lawsuits because they believe the doctor should have known that traction could be dangerous and should have taken precautions to prevent injury.

Our attorneys will review and analyze your case free of charge to determine if you're qualified for compensation. If you're qualified we'll assist you to submit your claim within your state's statute of limitations, which varies according to the state.

Our lawyers will also collect evidence to support your case, including medical records and expert reports. We will then negotiate with the defendant to settle your case out of court, or go to trial. We have helped many families receive millions of dollars in settlements. However, individual cases could differ.

What are my chances of winning a lawsuit?

The odds of winning a lawsuit depend on the severity of the injury and attorneys whether or not negligence can be proved. An experienced Erb's Palsy lawyer will help you determine the strengths of your case and fight for the most compensation possible.

The brachialplexus is an array of nerves that provides feeling and coordination to muscles of your arm. The nerves can be damaged by stretching or pulling 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. However, attorneys in other cases the injury is permanent and will have a major impact on your child's future.

Although obstetricians are trained to recognize the danger of shoulder dystocia, and take the necessary precautions during birth, this condition can still occur. Brachial plexus injury is estimated to be caused by about 50% of vaginal births.

It is often medical negligence that causes this kind of injury. Parents whose children suffer from this condition should speak with an experienced Erb's Palsy attorney to investigate the situation. The legal process can be time-consuming and complicated, but financial compensation can help pay for your child's treatment as well as care. These could include medical expenses, therapy, and other costs incurred due to this condition.

What compensation amount can I expect to receive?

The cost of caring for a child with Erb's palsy is often expensive. Compensation from a successful lawsuit could assist in reimbursing these expenses. Especially in lower-income households, this financial assistance can make a big difference.

In some cases Erb's settlements for palsy can be worth millions of dollars. This is because of the serious nature of the injuries and the severity of negligence. Every case is unique, and there are many factors at play.

If you file a claim your lawyer will gather evidence and determine the cause of the injury. They will then calculate any future treatment and care expenses your child might require to establish a case's value. This can be used to negotiate with defendants in your lawsuit.

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

It is imperative to start a lawsuit if medical negligence caused your child's brachial and plexus injury. You can ensure that your child has the support needed to live a happy and healthy life by seeking justice. To find out more about your rights, speak to a New Jersey Erb’s Palsy attorney.