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Erb's Palsy Settlement

Children born with Erb's palsy may be eligible for compensation for their injuries. Learn more about the legal process and how to file a lawsuit with help by an experienced attorney at Sokolove Law.

Settlements can be used to cover medical expenses and other expenses associated with the care of the child. However, it's important to consult with an Erb's lawyer as soon as possible to ensure you do not miss any deadlines.

What is a settlement?

A settlement is a contract between two parties that resolves a dispute without going through court procedures. This is a crucial option in civil lawsuits because it allows the parties to save time and money by avoiding the long legal process of litigation.

An Erb's palsy settlement is a type of compensation that is awarded to families who have been affected by malpractice in the delivery of their child. This condition can be caused by a range of factors, however most often it is the result of improper methods of delivery. If nurses and doctors fail to adhere to the appropriate standards of care, babies could suffer serious injuries such as shoulder dystocia and brachial nerve injury.

It is crucial to speak with an Erb's Palsy lawyer when the child is diagnosed with the condition. You may be entitled to an agreement that will pay for your child's future care, but filing late or committing mistakes on the paperwork can cost you the money you're entitled to.

Your lawyer will submit a court complaint to start the legal process. This is a formal document that details the injuries suffered by your child and how they resulted from medical negligence during the birthing process. Your legal team will then present the evidence before a jury and judge who will decide what amount of compensation (if any) you are owed.

How do I file a suit?

If your child developed Erb's syndrome as a result of negligence in the medical field, you could be eligible for compensation. Our lawyers make the legal process simple and will help 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 a c-section. This can cause tearing or stretching of the nerves of the brachial plexus that regulate movement and feel in the arm. It is usually caused by a difficult delivery or a birth that is breech, and can be prevented with the right medical treatment.

Some babies recover on their own, while others are permanently disabled. However, most families are sued because they believe the doctor should have known that traction was dangerous and should have taken the necessary steps to prevent injury.

Our lawyers will analyze and review your case at no cost to determine if you're eligible to receive compensation. If you're eligible we'll help you file your claim within your state's statute of limitations, which is different according to the state.

Our lawyers will also collect evidence to support your claim, such as medical documents and expert reports. We then negotiate a settlement of the case with the defendant outside of court, or to proceed to trial. We've helped numerous families obtain millions in settlements, however individual cases vary.

What are my chances of winning in a lawsuit?

The odds of winning a lawsuit are contingent on the extent of the injury and whether or not negligence can be proven. An experienced Erb's Palsy lawyer can assist you in determining the strengths of your case and help you get the highest amount of compensation possible.

The brachial nerve plexus is a collection of nerves that provides sensation and coordinated movement to the muscles in your arm. The nerves can be damaged when you stretch or pull the arms, shoulders or heads. This can lead to injuries like Erb's palsy. In some instances, these injuries are temporary and can be corrected with therapy. In some instances, the injury may be permanent and cause profound impact on your child.

Obstetricians are educated to recognize the risk of shoulder dystocia, and take the appropriate precautions during delivery this condition can still occur. In fact it is estimated that about 50 percent of cases that involve brachial plexus injuries are due to non-complicated vaginal deliveries.

Medical negligence is usually the cause of this type injury. Parents of children who suffer from this condition should speak with an experienced Erb's Palsy lawyer to examine the circumstances. The legal process can be a bit complicated and time-consuming, but the financial compensation you receive could help cover costs related to your child's treatment and care. This includes medical costs and therapy as well as other costs due to the disability.

How much compensation will I receive?

The cost of caring for a child suffering from Erb's syndrome can be high. A settlement from a successful lawsuit may be able to help pay for these expenses. Particularly for families with lower incomes this financial support can be a huge help.

Settlements for Erb's sprained muscles can be worth millions of dollars. This is due to the serious nature of the injuries as well as the extent of malpractice. Every case is unique, and there are many factors at play.

When you file a claim, your lawyer will work to gather evidence and determine what caused of the injury. They will also determine any future medical and treatment costs that your child might require to establish a case's value. This can be used to negotiate 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 have 30 calendar days to respond. Your lawyer will now prepare for trial, if required.

It is important to file a lawsuit if medical negligence caused your child's brachial or plexus injury. By doing so you can pursue justice and ensure that your child receives the support they require to live a happy life. To learn more about your rights, you can contact a New Jersey Erb’s Palsy attorney.