Erb's Palsy Settlement

Children born with Erb’s palsy could be eligible to receive compensation. Find out more about the legal process and how to get help from a seasoned attorney at Sokolove Law.

A settlement can pay for medical expenses as well as other costs related to the care of the child. It is essential to talk with an attorney for Erb's palsy as soon as possible to avoid missing deadlines.

What is a settlement?

A settlement is a mutual agreement between two parties which resolves disputes without the need for court procedures. 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.

A settlement for Erb's palsy is awarded to families affected by medical malpractice during childbirth. The condition can be caused by many reasons, but it's often the result of ineffective methods of delivery. When nurses and doctors fail to adhere to the appropriate standards of care, infants can suffer serious injuries, such as shoulder dystocia and brachial nerve injury.

If your child is diagnosed with this condition, it is important to speak with an experienced Erb's Palsy attorney whenever you can. You may be entitled to a settlement that will help you pay for your child's care, but filing late or making mistakes with the paperwork could cost you the money you deserve.

To start the legal process, your lawyer will file a formal complaint in court. This is a formal statement which details the injuries sustained by your child and how they resulted from medical negligence during the birthing process. Your legal team will present your case to an impartial jury and judge who will decide if you are entitled to compensation.

How do I file suit?

If your child developed Erb's syndrome as a result of negligence on the part of a doctor, you could be eligible for compensation. Our lawyers make the legal process straightforward and will help make sure you receive the money you need.

Erb's palsy can happen when doctors pull too hard on a baby’s head, arms or neck during vaginal delivery or c-section. This can tear or stretch nerves in brachial plexus that control the movement and feel of the arm. It is often caused by a difficult delivery or a breech birth and it is preventable by taking care of it properly.

Some babies recover from this injury on their own, while others remain disabled for life. Families typically file lawsuits against the doctor due to the belief that he ought to have known the dangers of traction and taken steps to avoid injury.

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

Our lawyers will also collect evidence to prove your case, including medical records and expert reports. We will then negotiate to settle the case with the defendant outside of court, or go to trial. We have helped many families receive millions of dollars in settlements. However, the specific circumstances may differ.

What are my chances to win a lawsuit?

The likelihood of winning a lawsuit is contingent on the severity of the injury and the ability to demonstrate negligence. A skilled Erb’s Palsy attorney can assist you to determine the strength of your case and help you fight for the maximum amount of compensation.

The brachialplexus is a set of nerves which provides feeling and coordination to muscles of your arm. Any forceful pulling or stretching on the head, shoulder, or arms that stretches these nerves could cause damage and result in an injury like Erb's palsy. In some cases these injuries are merely temporary and may be improved through therapy. But in others the injury can be permanent and will have a significant impact on your child's daily life.

Even though obstetricians have been educated to recognize the risk of shoulder dystocia, and take the necessary precautions during the delivery, this condition can still occur. In fact it's estimated that up to 50 percent of cases involving brachial-plexus injuries are caused by non-complicated vaginal deliveries.

It is usually medical negligence that causes this type of injury, therefore parents who have children suffering from this condition should consult an experienced Erb's Palsy lawyer to look into the case. The legal process can be time-consuming and complex, yet financial compensation can help pay for your child's treatment and medical care. This could include medical expenses, therapy and Erb's Palsy lawyer other costs caused by the disability.

What compensation should I be expecting?

The cost of caring for a child who suffers from Erb's palsy can be very expensive. The money you get from a successful lawsuit can aid in covering these expenses. Particularly for families with lower incomes this financial aid could make all the difference.

In certain instances Erb's palsy settlements could be worth millions of dollars. This is due to the seriousness of the injuries and extent of malpractice. However each case is unique and there are many variables which play into the equation.

When you file a claim your lawyer will gather evidence and determine the source of the injury. They will also determine any future medical and treatment costs your child may require to establish a case value. This could be used to negotiate with the defendants in your lawsuit.

After your legal team has completed this procedure, they will file your Erb's palsy lawsuit with the courts. The defendants have 30 calendar days to respond. At this time, your lawyer will prepare for trial if required.

If medical negligence is a cause of your child's brachial-plexus injury, it is important to file suit. You can ensure that your child receives the necessary resources to lead a healthy and happy life by pursuing justice. Contact an New Jersey Erb's Palsy lawyer to find out more about ways you can receive the help that you deserve.