tullahoma erb's palsy attorney Palsy Litigation
Legal action after your child's brachial-plexus injury may aid you and your family members find closure. However, the process of litigation is a bit complicated and requires skilled legal representation.
If you win your lawsuit, your family can receive compensation for medical expenses of your child and future treatment. Find out more about the rock hill erb's palsy law firm palsy lawsuit process.
The Legal Process
The most common reason families file an Erb's palsy lawsuit is to get compensation for medical expenses and other losses. The amount of money awarded in a settlement is contingent upon your child's specific case and the severity of their injuries, but it could easily reach the millions of dollars.
Many Erb's palsy lawsuits are resolved outside of court. Lawyers representing the plaintiff and the defendant work together to reach an agreement that is acceptable to both parties. This can drastically cut down on the legal process and save your family from having to go before the jury or judge. However, if the family members cannot reach a settlement you will have to go to trial. This can also take a long time, but it can also potentially result in a higher amount.
The brachial nerves regulate the movement of the arm. During labor and birth, excessive forceful pulling of the head, neck or shoulders, or on arms, could damage these nerves, causing Erb's Palsy. In many instances, the injury can be prevented. Families seek to hold negligent healthcare providers accountable for the harm they cause. They also want to raise awareness of this birth injury which could have been avoided. In the past, these lawsuits have helped families obtain an affordable settlement in order to ensure their child's future.
Arbitration or Mediation
If your child was injured during the womb by medical negligence and has suffered brachial sprains, an Erb's Palsy settlement can help you pay for their care. This may include treatment, therapy devices, assistive devices, and procedures.
Many lawsuits are settled out of court. This allows plaintiffs to receive an amount of money faster and avoids the possibility of a judge refusing to uphold a verdict of a jury. Your lawyer and the hospital's lawyers will likely attempt to reach an agreement prior to the trial starts.
If you're unable to reach a settlement, your case will proceed to arbitration. This means that a neutral third party will be able to hear both sides and determine who wins the lawsuit. This kind of hearing could be more informal than a trial, however it is important to provide witnesses and evidence for the proceedings.
You will also need copies of all legal documents as well as witnesses to appear at the hearing. You can choose to invite your witnesses to the hearing or give statements using video conferencing. You must ensure that all of your witnesses are aware they will be required to appear at the hearing by submitting subpoenas prior to the hearing. You must also keep your witnesses' phone numbers and addresses in the file in case you have to contact them for witnesses in the future.
Complaints in Court
Many children with Erb's -Pallsy can overcome physical limitations with intense physical therapy every day. Some children may require surgery to repair the torn nerve fibers. However, a significant proportion of children will not recover to a significant degree and will have to live with the handicaps of this birth injury for life. Parents who believe that their child's Erb's palsy was the result of negligence in the delivery process are entitled to claim an appropriate amount of compensation for their child's injuries.
Your lawyer will collaborate with doctors who are experts in treating this condition. They will create an estimated cost of living for life estimate. This determines the amount you're entitled to from the Erb's palsy settlement. Your lawyer can also assist you get copies of your child’s medical records, and investigate whether or not the doctor who gave you your child's treatment had a previous record of malpractice cases.
When your lawyer has a solid knowledge of the injuries suffered by your child and the extent of the injuries, 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 documents are also included. This is a vital part of your legal proceeding because it allows both sides to present their case. It can take up to a year to negotiate a settlement.
Settlement
When your Erb's palsy lawsuit is successful, your lawyer might be able to secure compensation for medical expenses and future treatment costs such as adaptive devices and physical therapy. You may be awarded damages resulting from emotional trauma or loss of quality of living.
Your lawyer will have to gather evidence to prove error that caused your child's brachial-plexus injury which could include medical documents, witness statements, and expert testimony. Once your lawyer has gathered the evidence, he will file a lawsuit against the defendants. They are typically the medical professionals who provided your child with. The defendants will then be given a specific period of time to respond to the suit, and during this discovery phase, both sides will gather more evidence to support their assertions.
Most lawsuits are settled out of court instead of going to trial since it is more cost-effective for all parties involved. If your lawyer believes that they can win in court, they might choose to take the case to a jury verdict. A successful verdict in the case of a birth injury lawsuit may bring families a sense of justice and can help increase awareness to prevent these types of injuries from occurring in the future. If the verdict you receive is not favorable you can appeal. While this procedure can take more time, it can also increase the amount of the compensation you receive.