erb's palsy law firm chicago
Taking legal action in the aftermath of your child's plexus brachial injury can bring you and your family closure. However, the process of litigation is a bit complicated and requires skilled legal representation.
If you win your lawsuit, your family may receive compensation for medical bills of your child and future treatment. Learn more about the Erb's Palsy lawsuit process.
The Legal Process
The most frequent reason for families to pursue an Erb's-related lawsuit is to get compensation for medical expenses and other losses. The amount of money offered in a settlement depends on the particular case of your child and the severity of their injuries, but can easily soar into the millions of dollars.
Many cases involving Erb's palsy are settled without court. Lawyers for the plaintiff and defendant collaborate to negotiate an agreement that pleases both parties. This can significantly shorten the legal process and prevent your family from having to face a judge or jury. If, however, your family is unable to reach the terms of settlement, you'll need to go to trial. This could take a long amount of time, but it could also result in a larger amount.
The brachial plexus is a group of nerves that control movement in the arm. During labor and delivery excessive forceful pulling of the neck, head or shoulders, or on the arms can cause damage to these nerves, leading to Erb's palsy. The injury is often avoidable. Families file lawsuits to hold negligent healthcare providers accountable for the harm they cause. They also seek to increase awareness about the birth injury that could have been avoided. In the past these lawsuits helped families get an affordable financial settlement to support their child's future.
Mediation or Arbitration
If your child was injured while in the womb due to medical negligence and has suffered brachial palsy, an Erb's Settlement for palsy could help you to pay for their medical treatment. This could include therapy, treatment, assistive devices, and surgeries.
Many lawsuits are settled out of court. This allows plaintiffs receive compensation faster and prevents the possibility of a court ruling to overturn a jury verdict. Your lawyer and the hospital's lawyers will probably try to reach an agreement prior to the trial beginning.
If you cannot reach an agreement, your case will go to arbitration. This means that a neutral third party will listen to both sides and decide who will win the case. This type of hearing can be more informal than a trial, however it is crucial to present physical evidence and witnesses for the proceedings.
You will also need copies of all legal documents and witnesses to be present at the hearing. Witnesses may be required to present at the hearing in person or you can present their testimony via video conferencing. You must ensure that all 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' numbers and addresses on file, in case you have to call them as a future witness.
Complaints in Court
Many children suffering from Erb's palsy can overcome physical limitations through intense physical therapy every day. Some children may require surgery to repair torn nerve fibers. A large percentage of children are not able to recover and will have to live suffering the effects of this birth injury. Parents who believe their child's Erb's paralysis was the result of medical negligence during the birth procedure have the right to seek fair compensation for their child's injuries.
To determine the worth of your case the lawyer will work with doctors who are experts in treating these conditions to develop a lifetime cost-of-living estimate. This will help you determine the amount of compensation you are entitled to from your Erb’s settlement for palsy. Your lawyer can also assist to obtain copies of your child’s medical records, and also determine whether the doctor who performed surgery on your child's treatment had a previous experience of malpractice.
Once your lawyer has a good understanding of your child's injuries after which she will file a lawsuit against the defendants. Both parties will go through the discovery process which includes exchanging evidence including expert opinions, depositions and medical documents, and so on. This is an essential part of your legal argument because it allows you to construct your arguments. It can take up one year to reach a settlement.
Settlement
If your Erb's Palsy lawsuit is successful the lawyer may be able to get compensation to pay for medical expenses including future treatment costs, adaptive devices and physical therapy. You could be awarded damages resulting from emotional trauma or loss of quality of life.
Your lawyer will require evidence to prove that negligence caused the brachial plexus injury in your child. This could include medical records as well as witness statements as well expert testimony. After your lawyer has gathered this evidence, they will start a lawsuit against the defendants, which are typically the medical professionals who delivered your child. The defendants are then given a set period of time to respond. In this phase of discovery the parties will gather evidence to support its claims.
Most lawsuits are settled out of court instead of going to trial as it's more cost-effective for everyone involved. If your attorney is confident that they'll win the case in court it could be decided to go to the jury for a verdict. A successful verdict could give families a sense of justice and help spread awareness about how to prevent future birth injuries. If the verdict isn't favorable you can appeal. This could take a bit longer, but it could increase the amount you get.