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Erb's Palsy Litigation The legal process in the aftermath of your child's brachial injury can help bring you and your family closure. However, the process of litigation is a bit complicated and requires skilled legal representation. If you prevail in your lawsuit, your family can receive compensation for medical expenses of your child as well as future treatment. Read on to learn more about the Erb's-Palsy lawsuit procedure. The Legal Process Families file Erb's Palsy lawsuits to get compensation for medical costs and other expenses. The amount of money awarded in a settlement is contingent upon the specific situation of your child and the severity of their injuries, but it can easily go into the millions of dollars. Many of the lawsuits involving Erb's Psy have been settled out of court. Lawyers representing the plaintiff and defendant collaborate to negotiate an agreement that pleases both parties. This can significantly shorten the legal process and avoid your family from having to appear before a judge or jury. If your family is unable to reach a settlement, you will need to go to court. This can take a long time, however, it could result in a higher amount. The brachial complex is a collection of nerves that regulate movement in the arm. When you are pregnant excessive forceful pulling of the head, neck or shoulders, or on the arms could result in damage to these nerves and cause Erb's palsy. In many instances, the injury is preventable. Families are suing to make negligent healthcare providers accountable for the harm they cause. They also seek to increase awareness about this birth injury which could have been prevented. In the past the lawsuits have helped families obtain a fair financial settlement and help their child get back on the right track. Arbitration or Mediation If your child was injured in the womb by medical negligence and was later diagnosed with brachial sprains, an Erb's Settlement for palsy could help you pay for their care. This could include therapy, treatment devices, assistive devices, and procedures. Many lawsuits are settled out of court. This allows plaintiffs to receive compensation quicker and reduces the possibility that a judge could reverse a verdict given by a jury. Your lawyer and hospital attorneys will most likely seek to negotiate a settlement prior to the trial beginning. If you are unable to reach an agreement, your case will go to arbitration. This means that an impartial third party will be able to hear both sides and determine who wins the case. This kind of hearing could be more informal than a trial, however it is crucial to present witnesses and evidence to the hearing. You also need to have copies of all your legal documents and witnesses to present them at the hearing. Witnesses can present at the hearing in person, or you can provide their statements via video conferencing. Subpoenas need to be sent in advance to all witnesses to ensure that they are aware of the requirement to attend the hearing. Additionally, erb's palsy law firm jacksonville should have your witnesses' addresses and telephone numbers on file in case they are required to appear as a witness in the future. Complaints in Court Many children suffering from Erb's palsy can overcome physical limitations through regular physical therapy. Some will require surgery to fix torn or damaged nerve fibers. A large percentage of children will never recover and have to live suffering the effects of this birth injury. Parents who believe that their child's Erb palsy is a result of medical malpractice during the birth process are entitled to a fair amount of compensation. To establish the value of your case your lawyer will collaborate with doctors who are experts in treating these conditions to come up with a lifetime cost-of living estimate. This will help determine the amount you are entitled to receive from the settlement you received for your Erb's syndrome. Your lawyer can also help you obtain copies of your child's medical records and investigate whether the doctor who was involved in your child's birth had an history of similar malpractice cases. If your lawyer has a clear understanding of the injuries of your child, she will file a lawsuit against the defendants. Both sides will undergo the discovery phase that involves exchanging evidence including expert opinions, depositions and medical records, and more. This is an essential part of your legal action because it allows both sides to develop their arguments. Settlements can take as long as one year. Settlement If your lawsuit for Erb's palsy is successful, your lawyer may be able get compensation that covers medical expenses and future costs for treatment such as adaptive devices and physical therapy. You could also be awarded damages for emotional trauma and loss of quality of life. Your lawyer will need to gather evidence to prove error that caused your child's brachial plexus injury, which could include medical records, witness statements, and expert testimony. After your lawyer has collected the evidence, they will bring the lawsuit against the defendants, who are typically the medical experts who delivered your child. The defendants will then be given a specific amount of time in which to respond to the suit, and during this discovery phase both sides will gather additional evidence to prove their claims. Most lawsuits are settled out of court, rather than going to trial as it is more cost-effective for all parties involved. If your attorney is convinced that they can win the case in court it could be decided to pursue it to the jury for a verdict. A successful verdict can give families a sense justice and raise awareness about how to avoid any future birth injuries. If the verdict you receive is not favorable you may appeal. While this process can take longer however, it could also increase the amount of the amount you are awarded.