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How Long Does a Brachial Plexus Injury Lawsuit Typically Take?

by Raynes & Lawn
child with brachial plexus injury in Pennsylvania with family

Navigating the legal landscape of a brachial plexus injury lawsuit can feel like an uphill battle. If you’re grappling with this challenging situation, you’re not alone. Many parents find themselves overwhelmed when faced with the prospect of a lengthy legal process while caring for a child with a birth injury. Let’s show what you can expect and how to move forward.


Raynes & Lawn Trial Lawyers has decades of experience guiding clients through birth injury cases. Our talented and dedicated attorneys can give you personalized and strategic attention. Call our offices today at 1-800-535-1797 for your free consultation. 

Understanding Your Legal Rights in Birth Injury Cases

When it comes to brachial plexus injuries, time is of the essence. As a parent, you can seek compensation for your child’s injury if it resulted from medical negligence. However, it’s crucial to act swiftly, as there are time limits, known as statutes of limitations, for filing a lawsuit. In Pennsylvania, you have two years from the date of injury or discovery to file a claim; however, a minor child has until their 20th birthday to file a birth injury claim.


Tip: Start gathering medical records and documenting your child’s condition as soon as possible. This information will be invaluable for your case.

The Timeline of a Brachial Plexus Injury Lawsuit: Steps to Take

The duration of a brachial plexus injury lawsuit can vary significantly, but will typically take several years. Here’s a general breakdown of the process:

  • Initial consultation and case evaluation

  • Investigation and gathering of evidence

  • Filing the lawsuit

  • Discovery phase

  • Negotiations and potential settlement

  • Trial preparation (if necessary) 

  • Trial and verdict

Tip: Patience is key. While the process may seem lengthy, a thorough approach often leads to better outcomes.

Pathways to Resolution: How a Philadelphia Brachial Plexus Injury Lawyer Can Assist

Navigating a brachial plexus injury lawsuit shouldn’t be a solitary journey. A skilled birth injury lawyer can be your guide through this complex process. They can help you understand your rights, gather necessary evidence, and negotiate with insurance companies. In Philadelphia, experienced attorneys like those at Raynes & Lawn Trial Lawyers can provide invaluable assistance.

Tip: Look for a lawyer with specific experience in brachial plexus injury cases for the best possible representation.

The Impact of Medical Evidence on Case Duration

The complexity of medical evidence in brachial plexus injury cases can significantly affect the timeline of your lawsuit. These cases often require extensive medical documentation, expert testimonies, and, sometimes, ongoing medical evaluations. The more complex the injury and its causes, the longer it may take to build a strong case.

Tip: Work closely with your healthcare providers to ensure all medical documentation is thorough and up-to-date.

The Role of Negotiations in Expediting Your Case

Many brachial plexus injury cases are resolved through negotiations before reaching trial. This can shorten the overall duration of your case. A skilled Philadelphia brachial plexus injury lawyer can effectively negotiate with the opposing party, potentially leading to a resolution without the need for a trial and fair compensation for your child’s injury.

Tip: Be prepared for multiple rounds of negotiations, as reaching a fair settlement often takes time and patience.

Factors That Can Extend the Duration of Your Lawsuit

Several factors can potentially prolong a brachial plexus injury lawsuit:

  • Disputes over liability

  • Complexity of the injury and required treatments

  • Availability of medical experts

  • Court backlogs and scheduling conflicts

  • Appeals process (if necessary)

Tip: Discuss potential timeline extensions with your brachial plexus injury attorney to set realistic expectations.

The Importance of Choosing the Right Birth Injury Lawyer

Selecting an experienced birth injury lawyer can significantly impact the duration and outcome of your case. Look for attorneys skilled in brachial plexus injuries with a track record of successful settlements and verdicts. In Philadelphia, firms like Raynes & Lawn Trial Lawyers have the skill set and experience to navigate these complex cases efficiently.

Tip: Don’t hesitate to ask potential lawyers about their experience with similar cases and their approach to managing case timelines.

Balancing Speed and Thoroughness in Your Case

While a quick resolution may seem appealing, balancing speed with thoroughness is crucial. A rushed case might lead to inadequate compensation, while an overly prolonged process can be emotionally and financially draining. Your Philadelphia brachial plexus injury lawyer can help strike the right balance, ensuring your case moves forward efficiently without compromising on the quality of representation.

Tip: Regularly communicate with your lawyer about your concerns regarding the case timeline.

Frequently Asked Questions

  1. How long must I file a brachial plexus injury lawsuit in Philadelphia?

In Pennsylvania, you generally have two years from the date of injury or discovery to file a claim. However, it’s best to consult with a birth injury lawyer as soon as possible to ensure you get all the deadlines since a minor child has until their 20th birthday to file a birth injury claim.

  1. Can a brachial plexus injury lawsuit be settled out of court?

Many brachial plexus injury cases are settled out of court through negotiations. This often leads to a quicker resolution than going to trial.

  1. How can I find the best Philadelphia birth injury lawyer near me?

Look for attorneys with specific experience in brachial plexus injury cases. Consider firms like Raynes & Lawn Trial Lawyers, which are known for their experience in birth injury cases in Philadelphia.

  1. What factors can make a brachial plexus injury lawsuit take longer?

Factors that can extend the duration include disputes over liability, complexity of the injury, availability of medical experts, court backlogs, and potential appeals.

  1. How can I support my child during a lengthy brachial plexus injury lawsuit?

Focus on your child’s ongoing care and support while the legal process unfolds. Work closely with your healthcare team and consider joining support groups for additional resources and emotional support.

Work with a Birth Injury Lawyer

Navigating a brachial plexus injury lawsuit can be complex and time-consuming, but you don’t have to face it alone. With the proper legal support, you can focus on what matters most—your child’s well-being and recovery. If you’re in Philadelphia and seeking guidance on your brachial plexus injury case, consider contacting experienced attorneys who can provide the expert assistance you need.

Remember, while the journey may be extended, the outcome can significantly impact your child’s future.

Don’t hesitate to contact our talented and knowledgeable brachial plexus injury lawyers at Raynes & Lawn Trial Lawyers to protect your rights and your child’s future. Justice may be a long process, but the outcome and results our attorneys achieve can make a tremendous difference for your family. Call us today at 1(800) 535-1797 for more information.