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Erb's Palsy Litigation Legal action following the brachial-plexus injury of your child could aid you and your family members find closure. However, the litigation process is complex and requires expert legal representation. If you win your lawsuit, your family may be awarded compensation for the medical expenses of your child and future treatment. Learn erb's palsy attorney arlington about the Erb’s palsy lawsuit process. The Legal Process Families file Erb's Palsy lawsuits to seek compensation for medical costs and other losses. The amount of money awarded in a settlement will depend on your child's specific case and the severity of their injuries however, it can easily rise to the millions of dollars. Many of Erb's palsy lawsuits have been resolved outside of court. The lawyers of both the plaintiff and defendant work together to find an acceptable settlement to both parties. This can drastically cut down on the legal process and prevent your family from facing an attorney or a jury. If your family is unable to reach an agreement on a settlement the family will have to go to the court. This can take a significant amount of time, but can also result in a larger award. The brachial plexus is a group of nerves that control movement in the arm. Forceful pulling on the neck, head arms or shoulders during labor and delivery -for example, when doctors make use of forceps or vacuum extractors excessively — can harm these nerves and lead to Erb's palsy. The injury is often preventable. Families file a lawsuit to make healthcare professionals who are negligent accountable for the injuries they cause. They also want to create awareness of this birth injury which could have been prevented. In the past these lawsuits helped families obtain a fair financial settlement and get their child's life back on path. Mediation or Arbitration If your child was injured while in the womb as a result of medical negligence and was later diagnosed with brachial paralysis, an Erb's Settlement for palsy could help you to pay for their medical treatment. This may include therapy, treatment as well as assistive devices and surgeries. Many lawsuits are settled out of court. This allows plaintiffs to get compensation more quickly and prevents the possibility that a judge might overturn a decision made by jurors. Your lawyer and hospital attorneys will most likely attempt to reach an agreement before the trial gets underway. If you are not able to reach an agreement, your case will be sent to arbitration. This means that an impartial third party will take in both sides and determine who wins the case. This type of hearing is more informal than a court trial, but it is important to present witnesses and other physical evidence. You will also need copies of all legal documents and witnesses to present at the hearing. Witnesses can present at the hearing in person, or you can present their testimony via video conferencing. You must ensure that all of your witnesses are aware they will be required to appear at the hearing by submitting subpoenas before the hearing. Also, keep the numbers of your witnesses and addresses in the file in case you need to contact them as a future witness. Complaint in the Court Many children suffering from Erb's palsy can overcome physical limitations with intense daily physical therapy. Some children will require surgery to repair torn nerve fibers. A significant number of children do not recover and are forced to live their lives with the effects of this birth injury. Parents who believe that their Erb's palsy in their child was the result of negligence by a medical professional during the birth process have the right claim an appropriate amount of compensation for their child's injuries. To determine the worth of your case your lawyer will collaborate with specialists in treating these ailments to develop a life-long cost-of-living estimate. This will allow you to determine the amount of compensation you are entitled to under your Erb's settlement for palsy. Your lawyer can also help to obtain copies of your child’s medical records, and also determine whether or not the doctor who treated your child had a previous record of malpractice cases. When your lawyer has a clear knowledge of the injuries suffered by your child, she will file your lawsuit against the defendants. Both sides will go through the discovery phase. This involves exchanging evidence, including expert opinions and depositions. Additional medical records are also included. This is a vital part of the legal process because it allows both sides to present their case. Settlements can take up to one year. Settlement If your Erb's Palsy lawsuit is successful your lawyer might be able to get compensation to pay for medical expenses as well as future treatment costs. adaptive devices and physical therapy. You could receive damages due to emotional trauma or loss of quality of life. Your lawyer will need to gather evidence to prove negligence that caused your child's brachial-plexus injury and may include medical records, witness statements and expert testimony. Once your lawyer has collected the evidence, they will bring a lawsuit against the defendants. They are typically the medical professionals that gave your child. The defendants will then be given a specified amount of time to respond. In this discovery phase, each side will gather evidence to support their claims. Most lawsuits are settled out of court rather than go to trial, since it's cheaper for all parties involved. If your lawyer believes that they can win in court, they could decide to pursue the case to a verdict by a jury. A successful verdict in a birth injury lawsuit could give families a sense of justice and can help increase awareness in order to prevent these types of injuries from happening again in the future. If your verdict isn't favorable you may appeal. While this process can take longer but it also increases the amount of the compensation you receive.