Erb's Palsy Settlement

Children born with Erb's Palsy may be able to receive compensation for their injuries. Learn about the legal process and how to file a lawsuit with help from an experienced attorney at Sokolove Law.

A settlement can pay for medical expenses as well as other costs that are associated with the child's care. It is crucial to speak with an Erb's Palsy attorney as soon as you can to ensure that you don't miss deadlines.

What is a settlement?

A settlement is a kind of mutual agreement between two parties that settles disputes without the necessity of court proceedings. This is a crucial tool in civil lawsuits, because it lets the parties save time and money by avoiding the lengthy legal process of litigation.

An Erb's-Palsy settlement is an amount of money that is paid to families affected by medical negligence during childbirth. This condition is caused by several reasons, but it's often the result from improper methods of delivery. Infants can suffer from serious injuries like shoulder dystocia or brachial plexus injuries when nurses and doctors don't follow the correct standards of care.

It is essential to speak with an Erb's Palsy lawyer immediately after the child is diagnosed with the condition. You could be eligible for an agreement that will pay for your child's future care, but filing late or Vimeo committing mistakes on the paperwork could result in you not receiving the compensation you deserve.

Your lawyer will file a court complaint to begin the legal process. This is a formal statement that outlines the injuries your child sustained and how they resulted from medical negligence during the birthing process. Your legal team will then present the evidence to a judge and jury who will determine what amount of compensation (if any) you are due.

How do I file a suit?

If your child developed Erb's palsy as a result of negligence by a medical professional, you may be eligible for compensation. Our attorneys make the legal process easy and will work to bring you the money you require.

Erb's Palsy may occur when doctors forcefully pull on a baby’s head, neck or arms during vaginal birth or a c-section. The result is that the baby's neck or head can be stretched, or even tear the nerves of the brachial plexus that control the movement and sensation of the arm. This is usually caused by difficulties in birth or breech delivery. It can be prevented through proper medical care.

Some children recover from this injury on their own, Vimeo while others are permanently disabled. However, the majority of families are sued because they believe the doctor should have known that traction is dangerous and should have taken precautions to avoid injury.

Our attorneys will review and analyze your case for no cost to determine if you're eligible to receive compensation. If you're eligible we'll help you file your claim within the state's statute of limitations, which differs by state.

Our lawyers will also gather evidence to support your claim, such as medical documents and expert reports. We will then negotiate with the defendant to settle your case outside of court or take it to trial. We've helped many families get millions in settlements, but individual cases vary.

What do I stand to win a lawsuit?

The chances of winning a lawsuit are contingent on the degree of the injury as well as whether negligence can be proven. An experienced Erb's Palsy attorney can assist you to determine your case strength and fight for maximum compensation.

The brachial plexus is a system of nerves which provide sensation and coordinated movement to the muscles in your arm. Any forceful pulling or stretching on the shoulders, head or arms that stretch these nerves could cause damage and cause injuries like Erb's palsy. These injuries are usually temporary and rehabilitated with therapy. In other instances the injury is permanent and will have a profound impact on the child's life.

While obstetricians are trained to recognize the risks of shoulder dystocia and take proper precautions during delivery however, this condition is still able to occur. In fact it's estimated that approximately 50% of cases involving brachial and plexus injuries are due to non-complicated vaginal deliveries.

It is often medical negligence that causes this type of injury, and parents who have children with this condition should speak with an expert Erb's Palsy attorney to investigate the case. The legal process can be lengthy and complex, however financial compensation may cover the costs of your child's treatment as well as care. This includes medical costs therapy, as well as other costs due to the disability.

How much compensation can I expect to receive?

The cost of caring for a child who suffers from Erb's syndrome can be high. The compensation from a successful lawsuit may help cover these costs. Particularly for households with lower incomes, this financial assistance can make a big difference.

Settlements for Erb's Palsy can sometimes be worth millions of dollars. This is because of the severe nature of the injuries as well as the extent of malpractice. However each case is unique and there are a variety of factors that come into play.

When you file a claim, your lawyer will collect evidence and determine what caused of the injury. The lawyer will assess the cost of care and treatment your child may require to determine the value of a case. This could be used to negotiate with the defendants in your lawsuit.

Once your legal team has completed this procedure they will begin filing your Erb's lawsuit with the courts. The defendants have 30 days to respond. Your lawyer can now prepare for trial if needed.

It is important to bring a lawsuit in the event that medical negligence caused your child's brachial-plexus injury. In doing this you can seek justice and ensure that your child is provided with the resources they require to live an enjoyable life. To find out more about your rights, contact an New Jersey Erb’s Palsy attorney.