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Erb's Palsy Litigation Taking legal action in the aftermath of your child's brachial-plexus injury can help bring your family and you closure. The process of suing can be complicated and requires an experienced lawyer. If you win your lawsuit, your family may be awarded compensation for the medical bills of your child and future treatment. Find out more about the Erb's palsy lawsuit process. The Legal Process Families file Erb's Palsy lawsuits to seek compensation for medical expenses and other losses. The amount of money that is awarded in a settlement is dependent on your child's specific case and the severity of their injuries but can easily soar into the millions of dollars. Many cases involving Erb's palsy are settled out of court. Lawyers representing the plaintiff and defendant work together to reach a settlement that will satisfy both parties. This can significantly shorten the legal process and avoid your family from having to appear before an attorney or a jury. If your family is unable to agree on a settlement and you are unable to reach a settlement, you must appear in the court. This could take a long amount of time, however it can also result in a bigger award. The brachial plexus is a group of nerves that control movement in the arm. During labor and delivery excessive forceful pulling on the neck, head or shoulders or on arms, could cause damage to these nerves, leading to Erb's Palsy. In many cases, this injury can be prevented. Families file a lawsuit in order to hold negligent healthcare professionals accountable for the harms they cause. They also wish to raise awareness of the birth injury that could have been prevented. In the past, these lawsuits helped families secure a fair settlement in order to ensure their child's future. Mediation or Arbitration If your child has suffered a brachial plexus injury during birth due to medical negligence, an Erb's palsy settlement could help you pay for his or her treatment. This can include therapy, surgery, assistive devices and treatment. Many lawsuits are settled out of court. This lets plaintiffs receive compensation more quickly and prevents the possibility that a judge could overturn a verdict awarded by a jury. Your lawyer and the hospital's attorneys are likely to seek a settlement before the trial gets underway. If you are unable reach a settlement the case will go to arbitration. This means that a neutral third party will be able to hear both sides and decide who wins the lawsuit. This type of hearing is more informal than a court trial, but it is important to provide witnesses and physical evidence. You also need to have copies of all your legal documents and witnesses in order to present them at the hearing. You can witness your witnesses attend the hearing or provide their statements using video conferencing. You must ensure that all witnesses are aware that they will be required to attend the hearing by submitting subpoenas ahead of time. Additionally, you should have your witnesses' addresses and contact numbers on file in case they are called to testify in the future. Complaint to the Court Many children who suffer from Erb's syndrome can overcome physical limitations through daily physical therapy. Some children require surgery to repair damaged nerve fibers. A large number of children are not able to recover and will have to live their lives suffering from the effects of this birth injury. Parents who believe their Erb's palsy in their child was the result of negligence by a medical professional during the birth process have the right seek an appropriate amount of compensation for their child's injuries. Your lawyer will collaborate with doctors that specialize in treating this condition to create a lifetime cost of living estimate. This will help determine the amount you're entitled to from your settlement for Erb's Palsy. Your lawyer will also help you obtain copies of your child's medical records and determine if the doctor involved in your child's birth had prior experience with similar malpractice cases. Once your lawyer has a clear knowledge of the injuries suffered by your child after which she will file a lawsuit against the defendants. Both parties will undergo the discovery phase which involves exchanging evidence, including expert opinions, depositions medical records, and more. This is an essential aspect of your legal case because it allows you to build your arguments. Settlements can take as long as one year. Settlement When your Erb's palsy lawsuit is successful, your lawyer might be able to secure compensation for medical costs and future treatment costs including adaptive devices and physical therapy. You may be awarded damages resulting from emotional trauma or loss of quality of life. Your lawyer will need evidence to prove that negligence caused the injury to the brachial plexus in your child. This may include medical records and testimony from witnesses as well as expert testimony. Once your lawyer has collected the evidence, he will start a lawsuit against defendants. These are usually the medical professionals that gave your child. erb's palsy attorney bryan are then given a certain period of time to respond. During this discovery phase, each side will gather evidence to prove its case. Most lawsuits settle out of court, rather than go to trial, because it's more cost-effective for all parties involved. However, if your attorney believes they will win at trial, they may choose to take the case to an appeals court verdict. A successful verdict in a birth injury lawsuit can bring families a sense of justice and raise awareness to prevent these kinds of injuries from happening again in the future. If your verdict is not favorable you may appeal. This procedure could take longer, but it can increase the amount you get.