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erb's palsy law firm jacksonville In the aftermath of your child's brachial plexus injury can bring your family and you closure. The process of litigation is complicated and requires an experienced lawyer. If you prevail in your lawsuit, your family can receive compensation for medical bills of your child as well as future treatment. Learn more about the Erb's palsy lawsuit process. The Legal Process Families file Erb's Psy lawsuits to recover compensation for medical expenses and other expenses. The amount of money awarded in a settlement is dependent on the particular case of your child and the severity of their injuries, but it can easily go into the millions of dollars. Many of Erb's palsy lawsuits have been resolved outside of court. The lawyers for both plaintiff and the defendant will collaborate to reach a settlement that is acceptable to both parties. This can significantly shorten the legal process and avoid your family from having to face a judge or jury. If your family members are unable to reach an agreement on a settlement and you are unable to reach a settlement, you must go to court. It can take a long time but it could also result in a higher amount. The brachial area is a group of nerves that control movement in the arm. A forceful pull on the head, neck, shoulders or arms during labor and delivery -such as when doctors make use of forceps or vacuum extractors excessively — can damage these nerves, causing Erb's palsy. The injury is often prevented. Families bring lawsuits to make negligent healthcare providers accountable for the harm they cause. They also wish to spread awareness about the birth injury which could have been prevented. In the past these lawsuits helped families get a fair financial settlement to support their child's future. Arbitration or Mediation If your child sustained a brachial plexus injury during pregnancy due to medical negligence, an Erb's palsy settlement could help you pay for his or her treatment. This could include surgery, therapy aidive devices, and treatment. Many lawsuits are settled out of court. This allows plaintiffs receive compensation more quickly and reduces the possibility of a court overturning a jury verdict. Your lawyer and hospital's attorneys will likely try to come to an agreement before the trial begins. If you are unable to reach a settlement, your case will proceed to arbitration. This means that an impartial third party will take in both sides and decide who wins the case. This hearing is more informal than a court case, however, it is crucial to present witnesses and physical evidence. You also need to have copies of all your legal documents and witnesses to present them at the hearing. You can choose to witness your witnesses attend the hearing or give statements using video conferencing. You must ensure that all your witnesses are aware they will be required to appear at the hearing by submitting subpoenas prior to the hearing. In addition, you must keep your witnesses' addresses and phone numbers on file in the event that they are needed to testify in the future. Complaint in the Court Many children suffering from Erb's Palsy are able to overcome physical limitations by intense daily physical therapy. Some children will need surgery to repair the torn nerve fibers. However, a substantial proportion of children don't recover to any measurable degree and will be forced to live with the limitations of this birth injury for the rest of their life. Parents who believe that their child's Erb palsy is a result of medical malpractice during the birth process are entitled to fair compensation. Your lawyer will collaborate with doctors who are experts in treating this condition to develop an annual cost of living estimate. This helps determine how much you are entitled to receive from the settlement you received for your Erb's syndrome. Your lawyer will also help you get copies of your child's medical records and determine if the doctor responsible for your child's birth had a history of similar malpractice cases. Once your lawyer has a clear understanding of your child's injuries after which she will file a lawsuit against the defendants. Both parties will go through the discovery process which includes exchanging evidence such as expert opinions, depositions medical documents and more. This is a crucial part of your legal case because it allows you to develop your arguments. Settlements can take as long as one year. Settlement If your Erb's Palsy lawsuit is a success the lawyer may be able to obtain compensation to pay for medical expenses including future treatment costs, adaptive devices, as well as physical therapy. You may be awarded damages for emotional trauma or loss of quality of life. Your lawyer will need to collect evidence to prove the error that caused your child's brachial-plexus injury which could include medical records, witness statements, and expert testimony. Once your lawyer has collected the evidence, they will make a claim against the defendants. They are typically the medical professionals who delivered your child. The defendants are then given a set period of time to respond. In this phase of discovery, each side will gather evidence to support its claims. Most lawsuits settle out of court, instead of going to trial, since it's cheaper for all parties involved. However, if your attorney believes that they can win in court, they could decide to pursue the case all the way to the verdict of a jury. A successful verdict in the case of a birth injury lawsuit may give families a sense justice and can help increase awareness to prevent these types of injuries from happening again in the future. If, however, your verdict is not in your favor You can appeal the decision. While this procedure can take longer however, it could also increase the amount of the compensation you receive.