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Erb's Palsy Settlement

Children born with Erb’s palsy could be eligible for compensation. Learn more about the legal process and how to file a lawsuit with help from an experienced attorney at Sokolove Law.

A settlement can cover medical expenses as well as other costs associated with the care of the child. However, it's important to speak with an Erb's Palsy lawyer as soon as possible to ensure you don't miss deadlines.

What is a settlement?

A settlement is a mutual agreement between two parties which resolves an issue without the need for court procedures. This is a crucial tool in civil lawsuits, because it lets the parties save time and money by avoiding the long legal process of litigation.

A settlement for the condition Erb's-Palsy is awarded to families affected by medical negligence during childbirth. This condition is caused by several causes, but is most often the result from improper methods of delivery. Infants can sustain serious injuries, like brachial plexus or shoulder dystocia injuries if doctors and nurses don't adhere to the proper standards of treatment.

It is essential to speak with an Erb's Palsy lawyer as soon as the child is diagnosed with the condition. You may be entitled a settlement to cover the future healthcare of your child, however the delay in submitting your paperwork or committing mistakes in the paperwork could cost you the money you're entitled to.

Your lawyer will file a court complaint to begin the legal process. This is a formal report 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 your case to an audiologist and a jury, who will decide if you're entitled to compensation.

How do I do I file a lawsuit?

You may be entitled to compensation if your child develops Erb's palsy due medical negligence. Our attorneys make the legal process simple and will work to bring you the money you need.

Erb's spalsy can develop when doctors put too much pressure on a baby's head, neck or arms during vaginal delivery or C-section. This can tear or stretch nerves in the brachial plexus, which regulate movement and the sensation of the arm. It is typically caused by a difficult delivery or a birth that is breech, and it is preventable by taking proper medical care.

Some babies recover on their own, while others are permanently disabled. Most families, however, file lawsuits against the doctor because they believe that he should have realized that traction could be dangerous and took measures to avoid injury.

Our attorneys will review and analyze your case free of charge to determine if you are qualified to receive compensation. If you qualify we'll assist you with filing a claim within the state's statutes of limitations.

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

What are my chances of winning a lawsuit?

The probability of winning a lawsuit depends on the severity of an injury and the ability to prove negligence. An experienced Erb's Palsy attorney can assist you to determine the strength of your case and attorneys help you fight for the maximum amount of compensation.

The brachial plexus is a system of nerves that supply feeling and coordinated movement to the muscles in your arm. Any forceful pulling or stretching on the shoulder, head or arms that strains these nerves may cause damage and lead to an injury like Erb's palsy. These injuries may be temporary and rehabilitated with therapy. In certain instances, the injury may be permanent and cause profound impact on your child.

Even though obstetricians have been educated to recognize the risk of shoulder dystocia and take the appropriate precautions during labor, this condition is still a possibility. In fact, it's estimated that around 50% of cases involving brachial-plexus injuries are caused by simple vaginal births.

It is often medical negligence that causes this type of injury, so parents who have children suffering from this condition should speak with an experienced Erb's Palsy attorney to investigate the situation. The legal process can be complicated and time-consuming, but the financial compensation you receive could be used to pay for the costs associated with your child's treatment and care. This includes medical expenses therapy, as well as other costs caused by the disability.

How much compensation will I receive?

The cost of raising a child who has Erb's palsy is expensive. The compensation that you receive from a successful lawsuit may aid in covering these expenses. Particularly in households with lower incomes, this financial assistance could make all the difference.

Settlements for the Erb's Palsy condition can sometimes be worth millions of dollars. This is due to the severe nature of the injuries and the extent of negligence. However each case is unique and there are many factors which play into the equation.

When you file a claim, your lawyer will collect evidence and determine the source of the injury. The lawyer will assess the cost of care and treatment your child might require in order to determine the worth of a claim. This could be used as a bargaining instrument with the 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 then have 30 days to respond to the claim. Your lawyer may now prepare for trial, if necessary.

It is important to file a lawsuit if medical negligence caused your child's brachial-plexus injury. In doing this you will be able to pursue justice and ensure that your child is provided with the resources they require to lead a happy life. To find out more about your rights, talk to a New Jersey Erb’s Palsy attorney.