What Are Brachial Plexus Injury Claims for Compensation?
Brachial plexus injury claims allow families to seek compensation from negligent health care professionals for expenses related to their child’s condition, like medical bills and care costs.
During childbirth, a medical professional can cause brachial plexus injuries by using too much pressure on a baby’s neck or shoulders, damaging the bundle of nerves that controls arm movement.
While most children make a full recovery with proper treatment, others may experience challenges for the rest of their lives. As a result, families often face financial and emotional burdens related to their child’s injury and the need for ongoing care.
Brachial plexus injury compensation can ease these strains by providing money — typically through out-of-court settlements — to help pay for quality care and set your child up for a happy and successful life.
Working with a brachial plexus injury lawyer can increase your chances of getting the compensation your family deserves as quickly as possible.
The Birth Injury Justice Center works with experienced lawyers who can help families in all 50 states. Our legal partners have secured over $1 billion for families impacted by preventable birth trauma, including brachial plexus injuries.
If you suspect your child’s condition could have been avoided, we may be able to help you pursue brachial plexus injury compensation.
Get a free case review now to see if you may be eligible.
Brachial Plexus Injury Compensation Amounts
Brachial plexus injury compensation amounts may vary, depending on the severity of harm, necessary medical expenses, and how the injury is likely to affect the child in the future.
It’s not unusual for cases involving severe harm to result in brachial plexus injury compensation of over $1 million.
Brachial plexus injury settlements and verdicts secured by our legal partners include:
- $5 million on behalf of a family in Connecticut
- $2 million to a North Carolina family affected by the condition
- $975,000 for a 6-year-old boy with Erb’s palsy
- $1 million to a New Jersey child with nerve damage
- $1.5 million on behalf of a family in Maryland for brachial plexus damage
- $2 million for a child with brachial plexus palsy
- $4.5 million to the family of a child with Erb’s palsy in Illinois
If your child’s brachial plexus injury was caused by medical negligence, you could be entitled to compensation, too. A birth injury lawyer may be able to file a brachial plexus injury claim on your behalf and fight for maximum compensation.
Call the Birth Injury Justice Center right now at (800) 914-1562 or Click to Live Chat to see if a top birth injury lawyer may be able to fight for you.
Brachial Plexus Injuries and Medical Malpractice
Brachial plexus injuries can happen when the labor and delivery team fails to manage risks correctly. This birth injury is most likely to occur when the baby’s shoulder gets stuck behind the mother’s pelvis after the head delivers (shoulder dystocia).
When health care providers make mistakes that could have been prevented, it may be considered medical malpractice.
- Applying too much force or incorrect techniques during delivery
- Delaying a medically necessary cesarean section (C-section)
- Ignoring risk factors, such as maternal diabetes or large baby size (macrosomia)
- Improperly handling shoulder dystocia
- Misusing delivery tools, like forceps or vacuum extractors
- Not addressing signs of nerve injury, like abnormal arm movement
While brachial plexus injuries often resolve over time, some children may need expensive medical treatments like surgeries and physical therapy. Parents and other caregivers may need to miss work to ensure that a child gets the care they need.
If your baby’s condition could have been avoided, a personal injury lawyer may be able to seek brachial plexus injury compensation for your family to provide financial relief.
Who Can File Brachial Plexus Injury Claims?
Families of children impacted by the condition may be able to file a brachial plexus claim for compensation if medical malpractice was involved.
Here’s who may qualify to file brachial plexus injury compensation claims:
- Parents: The child’s primary caregivers who have been directly affected
- Legal guardians: Individuals with legal responsibility for the child
While the causes of brachial plexus injuries may vary, children typically experience weakness or paralysis in the arm, hand, or shoulder. Symptoms, which may include an arm that hangs limply, usually appear shortly after birth.
If you have questions about whether you may be able to file a brachial plexus injury claim, our labor and delivery nurses are here to help.
Talking to our team is free, and there’s never any obligation to move forward.
Steps to Seeking Brachial Plexus Injury Compensation
Pursuing brachial plexus injury compensation typically involves working with a birth injury lawyer who can guide you through the process with as little stress as possible and provide emotional support along the way.
- Free case review: Leading birth injury law firms provide free legal consultations to determine if you may have a case. Get your free case review right now.
- Gather evidence: Your legal team will collect key evidence, like medical records, witness statements, and expert opinions, to build a strong brachial plexus injury claim.
- File the lawsuit: Next, your lawyer will file your birth injury lawsuit in the proper court before any legal deadlines.
- Negotiate a settlement: Your team will work to secure a settlement as quickly as possible. However, if a settlement isn’t reached, they will continue fighting for your family at trial.
The majority of birth injury lawsuits settle out of court. This can provide families with faster access to compensation and sparing them the hassle of a trial.
With an experienced birth injury lawyer handling your brachial plexus injury claim, you can focus on what’s truly important — caring for your child.
Factors That Impact Brachial Plexus Injury Compensation
Several factors impact the amount of compensation families may receive from a brachial plexus injury compensation claim.
- Degree of medical negligence during childbirth
- Harm due to the brachial plexus injury and its expected long-term impact
- Medical expenses for surgeries, therapies, and other treatments
- Pain and suffering experienced by the child and family
- State laws since regulations for lawsuits often vary by location
The Birth Injury Justice Center partners with experienced attorneys who can calculate the costs related to your child’s condition and fight for compensation to help cover lifetime care.
Get a free case review to see if we can help your family.
When to Pursue Brachial Plexus Injury Compensation
Families should consider seeking compensation for brachial plexus injury as soon as they suspect their child’s condition could have been prevented.
Acting quickly is important due to the statute of limitations. These laws limit how much time you have to file a brachial plexus injury claim. Once this window of opportunity passes, you won’t be able to take legal action again.
Each state has its own deadline for filing birth injury cases. As a result, it’s important to speak with an attorney who knows about the laws in your state. They can act quickly to protect your legal rights.
Don’t delay: Call (800) 914-1562 right now to learn about your legal options.
Get Help Seeking Brachial Plexus Injury Compensation
Brachial plexus nerve damage compensation can help families provide their children with the best treatments possible. This can lessen any financial worries along the way.
Filing a brachial plexus injury claim is the first step to securing the money your family deserves for your child’s long-term medical expenses and care.
We’ve partnered with birth lawyers who can help families in all 50 states, never charge any upfront costs or hourly fees, and have decades of experience helping families just like yours.
Our trusted legal partners have recovered more than $1 billion for families affected by preventable birth injuries, and they may be able to help you, too.
Call us right now at (800) 914-1562 or fill out our case review form to see if we may be able to provide a better future for your child.
Brachial Plexus Injury Compensation FAQs
What is the average settlement for a brachial plexus injury?
The average settlement for severe brachial plexus nerve damage is over $1 million, but some families have received even more.
A birth injury lawyer can fight for a brachial plexus injury settlement that provides compensation for your child’s medical expenses, care costs, and more.
Get a free case review now to see if you may be eligible for brachial plexus injury compensation.
Does a brachial plexus injury qualify for disability?
Yes, a brachial plexus injury may qualify for disability if it’s severe enough, allowing families to access government benefits on behalf of their child.
When the condition is caused by medical negligence, families may also qualify for compensation from a brachial plexus injury claim. Brachial plexus injury compensation can help with medical bills, ongoing care costs, and more.
Can you sue for brachial plexus injury?
Yes, you may be able to sue for a brachial plexus injury if it was caused by medical mistakes made during delivery. Taking legal action can secure money for your child’s medical expenses and hold negligent medical providers accountable.
A birth injury attorney can explain how a brachial plexus claim works and fight for the compensation and justice your child deserves.
Call (800) 914-1562 number now to see if we can connect you.
How much is a nerve damage settlement worth?
A nerve damage settlement may be worth $1 million or more when medical errors at birth cause a child to suffer permanent impairment.
A birth injury lawyer can tell you how much brachial plexus compensation you may qualify for and fight for as much money as possible on your behalf.