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Erb's Palsy Litigation The legal process in the aftermath of your child's plexus brachial injury can help bring your family and you closure. However, the litigation process is complex and requires skilled legal representation. A successful lawsuit could grant your family members compensation for your child's medical bills as well as future treatment. Learn more about the Erb’s palsy litigation procedure. The Legal Process Families file Erb's Psy lawsuits to get the cost of medical treatment and other expenses. The amount of money awarded is contingent on the severity of your child's injuries and the specific situation. It could easily reach millions of dollars. Many cases involving Erb's palsy settle without court. Lawyers for the plaintiff and the defendant work together to reach an agreement that is satisfactory to both parties. This can drastically reduce the legal process, and also prevent your family from having to face the jury or judge. However, if the family cannot agree on a settlement you will have to go to trial. This could take a long time however, it could result in a larger award. The brachial nerves regulate the movement of the arm. During labor and birth, excessive forceful pulling of the neck, head, shoulders, or on the arms can cause nerve damage, resulting in Erb's Palsy. In many instances, the injury can be prevented. Families bring lawsuits to hold negligent healthcare providers accountable for the harm they cause. They also want to create awareness of the birth injury that could have been prevented. In the past, these lawsuits helped families get an affordable financial settlement that helped their child's future. Mediation or Arbitration If your child has suffered an injury to the brachial plexus in the womb due to medical negligence, an Erb's palsy settlement can help to pay for the treatment. This can include surgeries, therapy, assistive devices and treatment. Many lawsuits are settled out of court. This allows plaintiffs to receive compensation more quickly and prevents the possibility that a court could invalidate a verdict handed down by the jury. Your lawyer and the hospital's attorneys are likely to attempt to negotiate a settlement before the trial gets underway. If you are unable reach a settlement your case will be sent to arbitration. A neutral third party will listen to both sides and decide who is the winner of the case. This type of hearing is more informal than a court case, however it is vital to have witnesses present and physical evidence. You will also require copies of all legal documents as well as witnesses to appear at the hearing. Witnesses can present at the hearing in person or they can give their testimony through video conference. You must ensure that all of your witnesses are aware that they must attend the hearing by submitting subpoenas in advance. Additionally, you must have the addresses of your witnesses and telephone numbers on file in case they are required to appear to testify in the future. A complaint to the court Many children who suffer from the condition Erb's-Palsy can overcome physical limitations through regular physical therapy. Some children will require surgery to repair damaged nerve fibers. However, a significant number of children are not able to recover to any measurable degree and will be left with the handicapping effects of this birth injury for the rest of their lives. Parents who believe that their child's Erb palsy is the result of medical negligence during the birth process are entitled to a fair and reasonable amount of compensation. To establish the value of your case your lawyer will collaborate with doctors who specialize in treating these ailments to develop a lifetime cost-of-living estimate. This will allow you to determine the amount of compensation you are entitled to under your Erb's palsy settlement. Your lawyer can also help you get copies of the medical records for your child and determine if the doctor who was involved in your child's birth had a history of similar malpractice cases. When your lawyer has a clear understanding of your child's injuries then she will file your lawsuit against the defendants. Both sides will go through the discovery process, which includes exchanging evidence such as expert opinions, depositions and medical documents, and so on. This is an essential aspect of your legal argument because it allows you to build your case. erb's palsy law firm west jordan can take as long as one year to settle a case. Settlement If your Erb's palsy lawsuit is a success, your lawyer might be able to obtain compensation to cover medical expenses including future treatment costs, adaptive devices along with physical therapy. You may be awarded damages for emotional trauma or loss of quality of life. Your lawyer will have to gather evidence to prove negligence that caused the brachial plexus injuries to your child that could include medical records, witness statements, and expert testimony. Once your lawyer has gathered the evidence, they will make a claim against the defendants, who are usually the medical professionals who gave your child. The defendants will then be given a specific period of time to respond to the suit, and during this process of discovery, both sides will gather additional evidence to prove their claims. Most lawsuits are settled out of court instead of going to trial because it is more cost-effective for all parties involved. If your lawyer believes they will win at trial, they may decide to pursue the case all the way to a verdict by a jury. A successful verdict in an injury lawsuit for birth can provide families with a sense justice and can help increase awareness and prevent these types of injuries from occurring in the future. If your verdict is not in your favor You can appeal the decision. This procedure could take longer, but it will raise the amount you receive.