Erb's Palsy Settlement
Children born with Erb's Palsy could be eligible for compensation. Learn about erb's palsy attorneys apple valley and how to get help by 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 as soon as possible so that you don't miss any deadlines.
What is a settlement?
A settlement is an agreement between two parties that resolves a dispute without the need for court proceedings. 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.
Settlements for Erb's Palsy is awarded to families impacted by medical malpractice in childbirth. The cause of this condition is several factors, but it's most often the result of ineffective delivery methods. Infants can sustain serious injuries, like shoulder dystocia or brachial plexus injuries if doctors and nurses don't adhere to the proper guidelines for treatment.
It is important to talk with an Erb's Palsy lawyer immediately after the child is diagnosed with the condition. You could be eligible for settlements that can help pay for your child's future treatment, but failing to file the paperwork on time or making mistakes with the paperwork can result in you not receiving the compensation you're entitled to.
To start the legal process, your lawyer will file a complaint in court. It is a formal document that outlines the injuries your child sustained and how they resulted from medical negligence during the birthing process. Your legal team will present their evidence to an impartial jury and judge who will determine if you're entitled to compensation.
How do I file a suit?
If your child developed Erb's Palsy as a result of negligence on the part of a doctor, you could be eligible for compensation. Our attorneys will simplify the legal process and will work to secure the compensation you need.
Erb's Palsy may occur when doctors forcefully pull on a baby's head, arms or neck during vaginal birth or a c-section. This can tear or stretch nerves in brachial plexus that control movement and sensation of the arm. This is usually the result of a difficult birth or a Breech delivery. It can be avoided by taking care of your medical needs.
Some babies recover on their own while others are permanently disabled. However, the majority of families file lawsuits because they believe the doctor should have been aware that traction was risky and should have taken steps to avoid injury.
Our lawyers will examine your case at no cost and determine if you're eligible for compensation. If you qualify we'll assist you with filing an claim within the state's statutes of limitations.
Our lawyers will also gather evidence to prove your case, such as medical records and expert reports. We then negotiate with the defendant to settle your case out of court or go to trial. We have helped many families obtain millions of dollars in settlements. However, individual cases might differ.
What are my chances of winning a lawsuit?
The chance of winning a lawsuit depends on the severity of the injury and the ability to demonstrate negligence. An experienced Erb's Palsy lawyer can help you determine the strength of your case and fight for the most compensation.
The brachialplexus is an array of nerves that provides sensory and coordination to the muscles of your arm. Any forceful pulling or stretching on the head, shoulder or arms that stretch the nerves can cause damage and cause an injury like Erb's palsy. These injuries may be temporary and improved with therapy. In other 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 delivery this condition can still happen. Brachial plexus injury is estimated to be caused by approximately 50% of vaginal births.
Medical negligence is typically the reason behind this type of injury. Parents of children who suffer from this condition should consult an experienced Erb’s Palsy lawyer to examine the circumstances. The legal process can be complex and time-consuming, however the financial compensation you receive may assist in paying for the treatment and care your child receives. This could include medical expenses therapy, as well as other costs caused by the disability.
How much compensation will I receive?
The cost of raising a child with Erb's palsy is expensive. The amount you are awarded from a successful lawsuit may help to cover these costs. This financial assistance is especially important for families with lower incomes.
Settlements for Erb's Palsy can sometimes be worth millions of dollars. This is because of the serious nature of the injuries as well as the extent of negligence. However each case is unique and there are many factors that come into play.
When you file a claim your lawyer will work to collect evidence and determine the cause of the injury. The lawyer will estimate the future cost of treatment and care that your child may require in order to establish the value of a case. This can be used as a bargaining instrument with the defendants in your lawsuit.
After your legal team has completed this procedure they will submit your Erb's palsy lawsuit with the courts. The defendants have 30 days to respond. At this point, your lawyer can prepare for trial if required.
It is important to make a claim if medical negligence caused your child's brachial plexus injury. You can ensure that your child has the resources needed to live an active and healthy life by taking action to get justice. Contact a New Jersey Erb's Palsy lawyer to learn more about how you can receive the help that you deserve.