Erb's Palsy Litigation
In the aftermath of your child's brachial plexus injury can bring your family and you closure. erb's palsy attorney eau claire of litigation can be complicated and requires an experienced lawyer.
A successful lawsuit may award your family members compensation for child's medical expenses and future treatment. Find out more about the Erb's palsy litigation process.
The Legal Process
Families file Erb's Psy lawsuits to get the cost of medical treatment and other losses. The amount of money offered in a settlement depends on the particular situation of your child as well as the severity of their injuries, but it can easily go into the millions of dollars.
Many of the Erb's Palsy lawsuits have been settled without court. The lawyers of both the plaintiff and defendant will collaborate to reach an agreement that is acceptable to both parties. This can drastically reduce the legal process and prevent your family from having to face an attorney or a jury. If your family is unable come to a deal the family will have to appear in court. This can take a considerable amount of time, however it can also result in a bigger settlement.
The brachial plexus is a group of nerves which control movement in the arm. During labor and delivery excessive forceful pulling on the neck, head, or shoulders, or on arms, could damage these nerves, causing Erb's Palsy. This injury is often prevented. Families bring a lawsuit to hold negligent healthcare professionals accountable for the injuries they cause. They also seek to raise the word about this birth injury that could have been prevented. In the past, these lawsuits have helped families obtain an affordable financial settlement and help their child get back on the right track.
Arbitration or Mediation
If your child was injured in the womb by medical negligence and suffered brachial palsy, an Erb's settlement for palsy can help to pay for their medical treatment. This could include therapy, treatment as well as assistive devices and procedures.
Many lawsuits settle out of court. This means that plaintiffs can receive compensation more quickly and reduces the possibility of a judge overturning a jury verdict. Your lawyer and hospital's lawyers are likely to seek an agreement prior to the trial gets underway.
If you are unable to reach an agreement, the case will be taken to arbitration. This means that a neutral third party will hear both sides and determine who wins the lawsuit. This type of hearing is more informal than a court trial but it is important to provide witnesses and physical evidence.
You will also require copies of all legal documents and witnesses to present at the hearing. You may either have your witnesses attend the hearing or submit their testimony via video conferencing. You must ensure that all witnesses are aware that they must attend the hearing by submitting subpoenas prior to the hearing. Keep the numbers of your witnesses and addresses on file in case you need to contact them as an upcoming witness.
Complaint in Court
Many children who suffer from Erb's Palsy can overcome their physical limitations by daily physical therapy. Some children require surgery to repair damaged nerve fibers. A significant number of children are never able to recover and must continue to live suffering the effects of this birth injury. Parents who believe that their child's Erb palsy is a result of medical negligence during the delivery process are entitled to a fair and reasonable amount of compensation.
To determine the worth of your case your lawyer will collaborate with doctors who are experts in treating these ailments to come up with a lifetime cost-of living estimate. This will allow you to determine the amount of compensation you are entitled to from your Erb’s settlement for palsy. Your lawyer can also help you obtain copies of the medical records for your child and determine if the doctor involved in the birth of your child had a history of similar malpractice cases.
When your lawyer has a thorough knowledge of the injuries suffered by your child after which she will file a lawsuit against the defendants. Both sides will go though the discovery phase. This includes exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is a crucial aspect of the legal process because it allows both sides to develop their arguments. Settlements can last up to one year.
Settlement
If your Erb's palsy lawsuit is successful, your lawyer might be able to obtain compensation to pay for medical costs for future treatment, future costs for treatment and adaptive devices and physical therapy. You could be awarded damages resulting from emotional trauma or loss of quality of living.
Your lawyer will need evidence to show that malpractice caused the injury to the brachial plexus in your child. This could include medical records, witness statements, as well as expert testimony. Once your lawyer has collected the evidence, he or she will make a claim against the defendants. They are typically the medical professionals that have delivered your child. The defendants are given a set period of time to respond to the lawsuit. during the discovery phase each side will gather additional evidence to support their claims.
Most lawsuits are settled outside of court instead of going to trial because it's more cost-effective for the parties involved. However, if your attorney believes that they can win in court, they could choose to take the case all the way to a verdict by a jury. A successful verdict in a birth injury lawsuit can give families a sense of justice and raise awareness to prevent these types of injuries from occurring in the future. If, however, your verdict is not in your favor it is possible to appeal the decision. While this process can take more time but it also can increase the amount of compensation you receive.