Erbs Palsy Compensation Claims

The purpose of an Erbs palsy compensation claim is to put the claimant back into the position that they would have been in had the injury not occurred. It is however an unfortunate fact that, whilst money can make life a little easier for the victim, it can never fully compensate for the injury. The amount awarded is always going to be a compromise and there is no real way of accurately valuing the worth of any personal injury.

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Case Law

If an Erbs palsy compensation claim comes to a court of law for a determination, some losses can be calculated accurately however others must be assessed and it is here that the difficulties arise. Judges charged with assessment of damages for pain and suffering have no accurate guidelines as to a realistic amount that should be awarded as a result of which they look at previously decided cases to build up a picture of awards for similar injuries made by other judges in the hope that a consensus opinion will be an acceptable amount to award.

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Damages Calculation

The sums that are awarded in Erbs palsy compensation claims can be substantial and frequently run to hundreds of thousands of dollars dependent on the severity of the injury and the long term residual problems which may substantially reduce potential earning capacity. Damages awarded in Erbs palsy compensation claims are divided into several categories by lawyers including :-

General Damages


This category includes items that have an element of assessment and cannot be calculated accurately on a mathematical basis. The most import item under this heading in an Erbs palsy compensation claim is the sum awarded for Pain & Suffering however there are other items such as Loss of Lifestyle that must also be assessed.

Special Damages


This category includes items of compensation that can be calculated reasonably accurately on a mathematical basis and includes potential loss of income, costs of care, medication, rehabilitation, property modifications and aids for living a normal life.

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Specialist Solicitors

Our specialist medical negligence solicitors deal with Erbs palsy compensation claims using the no win no fee scheme. If you would free advice with no further obligation just complete the contact form or use the helpline and a lawyer will phone you with information about how to preserve your child’s legal right to compensation.