Erb's Palsy Litigation

Taking legal action in the aftermath of your child's brachial plexus injury can help bring you and your family closure. However, the litigation process is complex and requires expert legal representation.

If you are successful in your lawsuit, your family can be awarded compensation for the medical expenses of your child as well as future treatment. Learn more about the pryor creek Erb's palsy law firm Palsy lawsuit procedure.

The Legal Process

Families file collinsville erb's palsy attorney Psy lawsuits to recover the cost of medical treatment and other losses. The amount of money awarded will depend on the severity of your child's injuries and the specific situation. It could easily amount to millions of dollars.

Many bath erb's palsy lawyer palsy lawsuits are resolved outside of court. Lawyers for the plaintiff and the defendant work together to reach a settlement that will satisfy both parties. This can drastically reduce the legal process and avoid your family from having to appear before a judge or jury. If, however, your family members cannot reach the terms of settlement, you'll need to go to trial. This can take a significant amount of time, but it could also result in a bigger award.

The brachial complex is a collection of nerves that control movement within the arm. During labor and delivery, excessive forceful pulling of the neck, head or shoulders or on the arms can cause nerve damage, resulting in Erb's Palsy. This injury is often prevented. Families file a lawsuit to make healthcare professionals who are negligent accountable for the injuries that they cause. They also seek to increase awareness about this birth injury that could have been prevented. In the past, these lawsuits helped families secure a fair settlement in order to ensure their child's future.

Arbitration or Mediation

If your child was injured during the womb due to medical negligence and has suffered brachial palsy, an Erb's Palsy settlement could help you cover the cost of their treatment. This could include treatment, therapy, assistive devices, and surgeries.

Many lawsuits settle out of court. This lets plaintiffs receive compensation quicker and reduces the possibility that a court could invalidate a verdict handed down by jurors. Your lawyer and hospital's lawyers will likely attempt to reach a settlement before the trial starts.

If you are unable agree to a settlement the case will go to arbitration. This means that a neutral third party will listen to both sides and determine who will win the case. This hearing is more informal than a court trial, however it is vital to present witnesses and other physical evidence.

You will also require copies of all legal documents as well as witnesses to appear at the hearing. Witnesses are able to attend the hearing in person, or you can present their testimony via video conferencing. Subpoenas must be sent in advance to all witnesses to ensure that they are aware the requirement that they attend the hearing. You should also keep your witnesses' numbers and addresses on file in case you need to cos injuries to your child which could include medical documents, witness statements and expert testimony. After your lawyer has gathered the evidence, he will file a lawsuit against the defendants. These are usually the medical professionals that provided your child with. The defendants are given a certain period of time to respond to the lawsuit, and during this discovery stage both sides will collect more evidence to support their claims.

Most lawsuits are settled outside of court rather than going to trial, because it's more cost-effective for all parties involved. If your lawyer believes that they can win in court, they might decide to pursue the case to the verdict of a jury. A successful verdict in the case of a birth injury lawsuit may give families a sense of justice and can help increase awareness and prevent these types of injuries from happening in the future. However, if your verdict is not in your favor, you can appeal the decision. This could take a bit longer, but it will increase the amount you receive.