Erb's Palsy Settlement

Children who are born with Erb's syndrome might be eligible to receive compensation for their injuries. Learn about the legal procedure and how to start a lawsuit with assistance by an experienced attorney at Sokolove Law.

A settlement may cover medical expenses and other costs to provide care for your child. However, it's important to speak with an Erb's palsy lawyer as soon as possible to ensure you don't fall behind on deadlines.

What is a settlement?

A settlement is an agreement between two parties to resolve disputes without having to go through court procedures. This is an important tool in civil lawsuits, because it lets the parties save time and money by avoiding the long legal process of litigation.

A settlement for Erb's palsy is awarded to families affected by medical malpractice during childbirth. This condition can be caused by a number of causes, but is most often the result of poor methods of delivery. Infants can be afflicted with serious injuries, like brachial plexus or shoulder dystocia injuries if nurses and doctors don't adhere to the proper standards of treatment.

If a child has been diagnosed with this condition, it's vital to talk with an expert Erb's Palsy attorney whenever you can. You could be eligible for a settlement that will help to pay for your child's future treatment, but failing to file the paperwork on time or making mistakes with the paperwork can cost you the money you deserve.

Your lawyer will submit a court case to start the legal process. It 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 present the evidence to a jury or judge who will determine how much compensation (if any) you are owed.

How do I file suit?

If your child has developed Erb's syndrome as a result of negligence in the medical field, you could be eligible for compensation. Our lawyers will help you through the legal process and lawsuits help you receive the compensation you need.

Erb's Palsy can occur when doctors forcefully pull on the neck, head, or arms during a vaginal birth or a c-section. It can cause tearing or stretching of nerves in the brachial area that regulate movement and the sensation of the arm. It is typically caused by a difficult birth or a birth that is breech, and it is preventable with the right medical treatment.

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

Our lawyers will assess your case for free and determine if you're eligible to receive compensation. If you're eligible, we'll help you file an claim within the state's statutes of limitations.

Our lawyers will also gather evidence to support your claim, including medical documents and expert reports. We will then negotiate a settlement of the case with the defendant outside of court, or to bring it to trial. We've helped many families get millions of dollars in settlements, but the individual cases are different.

What are my chances of winning a lawsuit?

The chances of winning a lawsuit depend on the extent of the injury and whether negligence can be established. A knowledgeable Erb's Palsy lawyer can help you determine the worth of your case, and help you get the highest amount of compensation that is possible.

The brachial plexus is a network of nerves that provides the sensation and coordination to the muscles of your arm. Any forceful pulling or stretching on the shoulders, head or arms that strains these nerves may cause damage and lead to an injury like Erb's palsy. In some cases, these injuries are temporary and can be treated with therapy. In certain instances the injury could be permanent and have a major impact on your child.

While obstetricians have been trained to recognize the possibility of shoulder dystocia, and take the appropriate precautions during delivery this condition can still occur. Brachial plexus injury is estimated to be the result of around 50% of vaginal births.

Medical negligence is typically the reason for this type of injury. Parents of children who suffer from this condition should consult an experienced Erb’s Palsy lawyer to examine the situation. The legal process can be complex and time-consuming, but the financial compensation you receive could help cover costs related to your child's treatment and care. These could include medical expenses as well as therapy and other expenses related to this disability.

What compensation amount will I receive?

The cost of caring for a child affected by Erb's syndrome can be high. The compensation that you receive from a successful suit can help to cover these costs. This financial aid is particularly important for lower-income families.

In certain instances Erb's palsy settlements could be worth millions of dollars. This is due to the severity of the injuries as well as the extent of negligence. Each case is unique and numerous factors play into the case.

If you file a claim, your lawyer will collect evidence and determine the source of the injury. The lawyer will determine the future cost of treatment and care your child may require in order to determine the worth of a claim. This can be used as a bargaining tool with the defendants of your lawsuit.

After your legal team has completed this process, they will submit your Erb's palsy lawsuit with the courts. The defendants will then have 30 days to respond to the claim. Your lawyer is now able to prepare for trial, if required.

If medical negligence is the cause of your child's brachial-plexus injuries it is essential to file a claim. You can ensure that your child has the support needed to live an enjoyable and healthy life by seeking justice. To learn more about your rights, you can contact an New Jersey Erb’s Palsy attorney.