Call Me Back
Claim Online
Mon – Sun: 24 hours
02037734944
Open Today: 8am - 8pm
Call Me Back
Claims Online

ERB's Palsy Claims

Start your claim today and get the support you need to secure the compensation you deserve from specialists.

Call Us Now
Our Services

Erb’s Palsy Claims: Your Guide to Compensation for Birth Injury Negligence

Erb’s Palsy is a serious birth injury that affects a baby’s arm movement and strength, often caused by medical negligence during delivery. If your child has been diagnosed with Erb’s Palsy due to avoidable mistakes by healthcare professionals, you may be entitled to make an Erb’s Palsy claim for compensation. This guide explains what Erb’s Palsy is, how claims work, and what compensation you can expect.
What Is Erb’s Palsy?
Erb’s Palsy is a form of brachial plexus injury that occurs when the nerves controlling the shoulder, arm, and hand are damaged during birth. This injury often results from excessive pulling or stretching of the baby’s neck and shoulder during a difficult delivery, such as with shoulder dystocia.
Babies with Erb’s Palsy may experience:
  • Weakness or paralysis in one arm
  • Limited range of motion
  • Loss of feeling in the affected arm or hand
  • Muscle atrophy or deformity in severe cases
While some children recover fully with therapy, others face lifelong disability and may require ongoing care and support.
Causes of Erb’s Palsy and Medical Negligence
Erb’s Palsy can sometimes be unavoidable. However, many cases result from birth injury negligence, including:
  • Improper handling during a difficult birth
  • Failure to recognize and manage shoulder dystocia
  • Delays in performing an emergency C-section
  • Excessive force used with instruments like forceps or vacuum extractors
  • Inadequate monitoring of the baby’s distress during labour
If medical staff fail to follow accepted standards of care, resulting in Erb’s Palsy, this may be grounds for a medical negligence claim.
Making an Erb’s Palsy Claim: Eligibility Criteria
To make a successful Erb’s Palsy compensation claim, you must prove:
  1. Duty of Care: The healthcare providers owed a legal duty to your child.
  2. Breach of Duty: They failed to provide care to the accepted medical standards.
  3. Causation: This breach directly caused the Erb’s Palsy injury.
  4. Damages: The injury caused significant harm and loss.
Your solicitor will review medical records, birthing notes, and expert opinions to build your case. It’s important to start your claim as early as possible due to legal time limits — usually within three years of the injury or diagnosis.
How Much Compensation Can You Get for Erb’s Palsy?
The compensation amount depends on the severity of your child’s injury and the impact on their life. Generally, claims cover:
  • General Damages for pain, suffering, and loss of amenity
  • Special Damages for financial losses, including:
    • Ongoing medical and therapy costs
    • Mobility aids and home adaptations
    • Loss of future earnings if the child cannot work
    • Care costs, including personal and respite care
Erb’s Palsy compensation awards can range from tens of thousands to over a million pounds in the most severe cases.
The Erb’s Palsy Claims Process
  1. Initial Consultation: Speak to a specialist birth injury solicitor to assess your claim’s viability.
  2. Gathering Evidence: Medical records and expert reports are collected to prove negligence and causation.
  3. Letter of Claim: Your solicitor formally notifies the NHS Trust or hospital.
  4. Negotiation: Both parties attempt to settle the claim without going to court.
  5. Court Proceedings: If no settlement is reached, the case may proceed to trial.
  6. Settlement or Verdict: Compensation is awarded based on the injury and evidence.
Why Use a Specialist Erb’s Palsy Solicitor?
Birth injury claims like Erb’s Palsy are complex, involving detailed medical and legal knowledge. A solicitor with experience in Erb’s Palsy medical negligence claims will:
  • Understand the nuances of brachial plexus injuries
  • Know how to obtain and interpret medical evidence
  • Accurately value your claim to cover all future needs
  • Guide you through the legal process compassionately and efficiently
Many offer No Win No Fee agreements, meaning you pay nothing unless you win your claim.
Frequently Asked Questions About Erb’s Palsy Claims
How long do I have to make an Erb’s Palsy claim?
In most cases, you have three years from the date you knew (or should have known) that negligence caused the injury. However, if the child lacks mental capacity, this time limit may be extended.
Can Erb’s Palsy be fully recovered from?
Some babies make a full recovery with early physiotherapy. However, severe cases can cause permanent disability.
How is Erb’s Palsy linked to birth injury negligence?
Negligence often involves improper management of shoulder dystocia or excessive force during delivery causing nerve damage.
Start Your Erb’s Palsy Claim Today
If your child’s Erb’s Palsy resulted from medical negligence, you could be entitled to compensation to support their care and future. Early action is crucial to protect your legal rights.
Contact [Your Firm Name] today for a free, no-obligation consultation with specialist Erb’s Palsy solicitors. We work on a No Win No Fee basis to ensure you can pursue justice without financial risk.

Want to make a claim?

Get free advice from injury specialists.

Want to make a claim?

Get free advice from injury specialists.

Types Of Personal Accident Claims Group

RoaD aCCIDENT

aCCIDENT aT WORK

HOUSING DISREPAIR CLAIMS

Why Choose Us for Your Claim?

Making an injury and accident claim can feel overwhelming, but with the right team on your side, the process is simple and stress-free.

  • Expert Legal Guidance: Our experienced professionals handle your case with care and precision.
  • Submit your No Win, No Fee: You only pay if your claim is successful, reducing financial risk. name and number
  • Fast & Hassle-Free Process: We manage everything, so you don’t have to.
  • Maximum Compensation: We work hard to ensure you receive what you deserve.

Start your journey to justice today!

Take the first step toward the compensation you deserve with expert support by your side.

Why chose us

Accident Claims Group involve evidence collection, claim submission, negotiation, and possible legal action.

  • Submit your name and number
  • Give you valuable free counsel
  • Start your personal injury claim
  • You gor a maximum compensation

Submit your name and number

Book a Consultation with a Claims Advisor

Start your personal injury claim

Get your compensation

Frequently Asked Questions

What Is the Criteria for Making a ERB's Palsy Claims?
Erb’s Palsy is a serious birth injury affecting the nerves of a newborn’s arm, often caused by medical negligence during delivery. If your child has been diagnosed with Erb’s Palsy due to improper medical care, you might be eligible to make an Erb’s Palsy compensation claim. Understanding the criteria for making an Erb’s Palsy claim is essential to determine whether you have a valid case.
Understanding Erb’s Palsy and Birth Injury Claims
Erb’s Palsy, also known as a brachial plexus injury, occurs when the network of nerves controlling the arm is damaged during childbirth. This injury can cause weakness, paralysis, or loss of sensation in the affected arm.
Many parents seek compensation through birth injury claims if the injury was preventable and caused by medical errors such as:
  • Improper management of shoulder dystocia
  • Excessive force during delivery (e.g., forceps or vacuum extraction)
  • Failure to perform an emergency C-section when needed
  • Inadequate monitoring of mother and baby during labour
Key Criteria for Making an Erb’s Palsy Claim
To succeed with an Erb’s Palsy claim, several important criteria must be met:
1. Proof of Medical Negligence
You must demonstrate that healthcare professionals responsible for the birth failed to provide care to the accepted medical standards. This includes errors or omissions in managing the delivery that directly led to the injury.
2. Causation: Linking Negligence to the Injury
It is not enough to show negligence; you must prove that this breach of duty caused the Erb’s Palsy injury. Medical expert reports play a crucial role in establishing the causal connection.
3. The Injury Occurred During Birth
Your claim must show that Erb’s Palsy was sustained during the delivery process, not from an unrelated cause. Evidence such as birth records and neonatal assessments helps confirm the timing.
4. Significant Impact on Quality of Life
Compensation is generally awarded if the injury has caused substantial pain, suffering, or financial loss. This includes long-term disability, ongoing care needs, and loss of future earnings.
5. Claim Made Within the Legal Time Limit
In the UK, claims must typically be filed within three years of the injury or the date you became aware of the negligence. For children, the time limit may be extended until their 18th birthday.
Supporting Evidence for Erb’s Palsy Claims
Building a strong claim requires comprehensive evidence, including:
  • Medical records and delivery notes
  • Expert opinions from obstetricians and neurologists
  • Documentation of ongoing treatment and therapy
  • Financial records detailing care costs and loss of earnings
Why Seek Legal Advice Early?
Erb’s Palsy claims are complex and require expert legal and medical knowledge. Consulting a specialist birth injury solicitor early can help:
  • Assess your claim’s validity based on the criteria
  • Gather and analyze necessary evidence
  • Navigate the claims process efficiently
  • Maximise your compensation for your child’s future needs
Final Thoughts
Meeting the criteria for making an Erb’s Palsy claim is vital to securing compensation for your child’s injury. If you believe your child’s Erb’s Palsy was caused by medical negligence, seek legal advice promptly to protect your rights and begin the claims process.
Erb’s Palsy is a type of birth injury that affects the nerves controlling the arm and hand, often caused by medical negligence during delivery. If your child has been diagnosed with Erb’s Palsy, you might wonder: can anyone make an Erb’s Palsy claim? The short answer is: not everyone can, but many families affected by this injury may have a valid legal case. This article explains who is eligible to make an Erb’s Palsy claim and what factors influence eligibility.
Who Can Make an Erb’s Palsy Claim?
Typically, the child who suffered the injury is the person entitled to claim compensation. However, since Erb’s Palsy occurs at birth and the child is usually a minor, the claim is made by a legal guardian or parent on their behalf.
Anyone seeking to start a claim must prove that the injury was caused by medical negligence or a breach of duty during the birthing process. This includes mistakes like:
  • Failure to properly manage shoulder dystocia
  • Use of excessive force during delivery (forceps or vacuum)
  • Delays in performing emergency C-section
  • Inadequate monitoring of the baby’s condition during labour
Can Parents Make a Claim on Behalf of Their Child?
Yes, parents or legal guardians can bring forward an Erb’s Palsy compensation claim on behalf of their child. Because children cannot manage legal proceedings themselves, the claim is handled by an appointed “litigation friend” (usually a parent or guardian).
If the claim is successful, compensation is awarded to the child but administered by the litigation friend until the child reaches adulthood.
Can Adults Make Erb’s Palsy Claims?
In rare cases, individuals diagnosed with Erb’s Palsy later in life (for example, if the injury was not diagnosed at birth) may still be able to make a claim. However, the legal time limits to start claims are strict. Usually, a claim must be filed within three years from the date of knowledge of negligence, or the child’s 18th birthday if they are a minor.
What Are the Legal Time Limits?
The limitation period for making an Erb’s Palsy claim is generally:
  • Within three years of the injury being known, or
  • Before the child’s 18th birthday (if the claim is brought on their behalf)
If these limits are missed, the claim could be barred unless exceptional circumstances apply. It’s crucial to seek legal advice as early as possible.
What If the Birth Injury Happened in the NHS?
Most Erb’s Palsy claims in the UK are made against the NHS Trust responsible for the hospital where the birth took place. The NHS has a duty to provide safe care, and when they fail, families can file NHS Erb’s Palsy claims through the NHS Resolution process.
Who Cannot Make an Erb’s Palsy Claim?
  • People without a direct connection to the injured child cannot bring a claim.
  • Claims cannot be made if the injury was not caused by negligence but was an unavoidable accident.
  • Claims filed after the legal time limit are usually invalid.
How to Find Out If You Can Make an Erb’s Palsy Claim
If you think your child’s Erb’s Palsy was caused by medical negligence, consult a specialist birth injury solicitor. They will:
  • Assess your eligibility based on medical records and evidence
  • Explain the claims process
  • Help gather expert medical reports
  • Guide you through the compensation claim
Final Thoughts
While not everyone can make an Erb’s Palsy claim, many families affected by this serious birth injury are eligible to seek compensation. Early legal advice is vital to protect your child’s rights and secure financial support for their care and future.
If your child has suffered from Erb’s Palsy due to medical negligence during birth, you might be considering making an Erb’s Palsy compensation claim. One of the most common questions parents ask is: how long does it take to process an Erb’s Palsy claim? Understanding the typical claim timeline can help you prepare for the legal journey ahead.
Factors Affecting the Timeline of an Erb’s Palsy Claim
The length of time it takes to process an Erb’s Palsy claim varies depending on several key factors:
  • Complexity of the Case: Severe cases with long-term disabilities often require more evidence and expert medical reports, lengthening the process.
  • Availability of Medical Records: Delays in obtaining or reviewing birth records and medical evidence can slow the claim.
  • Cooperation of the Defendant: Whether the hospital or NHS Trust admits liability early or contests the claim impacts timing.
  • Claim Settlement vs. Court Trial: Many Erb’s Palsy claims are settled through negotiation, which can be quicker than going to court.
Typical Timeline for an Erb’s Palsy Claim
Although every case is unique, here’s a general timeline you can expect:
1. Initial Consultation and Case Assessment (1-2 weeks)
Once you contact a specialist birth injury solicitor, they will review your case, examine medical records, and advise on the strength of your Erb’s Palsy claim.
2. Pre-Action Protocol and Evidence Gathering (3-6 months)
Your solicitor will send a Letter of Claim to the hospital or NHS Trust, requesting detailed medical records and incident reports. During this phase, medical experts are usually instructed to assess whether negligence occurred.
3. Admission of Liability or Dispute
  • If the defendant admits negligence, your claim can move more quickly to settlement discussions.
  • If liability is denied, the case may proceed towards court, significantly increasing the timeframe.
4. Negotiation and Settlement (6 months to 2 years)
Claims often settle before trial, but negotiations over compensation amounts can be lengthy. Complex Erb’s Palsy cases involving lifelong care needs usually require detailed valuation, which can extend this phase.
5. Court Proceedings (if necessary) (1-3 years)
If settlement fails, the claim may go to court, adding potentially years to the process before a final judgment.
Why Do Erb’s Palsy Claims Take So Long?
Erb’s Palsy claims involve detailed medical evidence, expert opinions, and long-term care assessments. Solicitors must carefully evaluate the extent of injury, future care costs, and the impact on quality of life. This thorough approach ensures fair compensation but naturally requires time.
Tips to Speed Up Your Erb’s Palsy Claim
  • Act Early: The sooner you start your claim, the faster your solicitor can begin gathering evidence.
  • Choose Experienced Solicitors: Specialists in birth injury claims can navigate the process efficiently.
  • Provide Complete Information: Quick access to medical records and details helps avoid delays.
  • Consider Alternative Dispute Resolution: Mediation can sometimes speed up settlements.
Conclusion
While the average Erb’s Palsy claim process can take anywhere from 1 to 3 years, depending on the case, early legal advice and a clear understanding of the steps involved can make the journey smoother. Compensation secured through these claims helps cover lifelong medical costs and support for your child’s future.
If you’re ready to begin your Erb’s Palsy compensation claim, contact a specialist birth injury solicitor today for a free consultation.
Erb’s Palsy is a serious birth injury caused by damage to the brachial plexus nerves during delivery. If your child has suffered from Erb’s Palsy due to medical negligence, you may be entitled to make an Erb’s Palsy compensation claim. One of the most common questions parents ask is: how much compensation can I expect to receive? This article explains the key factors that determine compensation amounts and what you can realistically expect.
What Does Erb’s Palsy Compensation Cover?
Compensation for Erb’s Palsy claims aims to cover both the physical and financial impact of the injury. This includes:
  • General damages for pain, suffering, and loss of amenity
  • Special damages covering financial losses such as medical treatment, rehabilitation, equipment, and care costs
  • Future losses including ongoing care, loss of earnings, and adaptations needed for lifelong disability
Factors Influencing the Amount of Compensation
The payout for an Erb’s Palsy claim varies widely depending on several factors:
1. Severity of the Injury
Compensation amounts depend on how severe the Erb’s Palsy is. Cases with minor weakness or partial recovery typically receive lower awards than those involving permanent paralysis or significant disability.
2. Long-Term Impact
If the injury causes lifelong disability requiring ongoing medical care, physiotherapy, or assistance with daily living, compensation will be higher to cover these costs.
3. Loss of Future Earnings
If the injury limits the child’s ability to work or earn a living as an adult, claims often include projected future loss of earnings.
4. Additional Medical Expenses
Costs for specialist treatment, surgeries, adaptive equipment (like wheelchairs or prosthetics), and home adaptations are factored into the claim.
Typical Compensation Amounts for Erb’s Palsy Claims
There is no fixed sum for Erb’s Palsy compensation, but based on previous cases, general guidelines are:
  • Mild cases with near full recovery: £10,000 to £50,000
  • Moderate cases with some permanent weakness: £50,000 to £150,000
  • Severe cases with permanent disability and loss of function: £150,000 to £350,000+
In the most severe cases involving lifelong paralysis or serious impairment, awards can be even higher.
How Is Compensation Calculated?
Erb’s Palsy claims are usually assessed with the help of medical experts who provide reports on the extent of nerve damage and long-term prognosis. These reports guide solicitors and courts in calculating fair compensation.
Why Seek Specialist Legal Advice?
Because Erb’s Palsy claims involve complex medical evidence and long-term financial forecasting, it’s important to get expert legal advice from solicitors experienced in birth injury claims and medical negligence compensation. They will help:
  • Accurately value your claim based on your child’s needs
  • Gather all necessary medical evidence
  • Ensure you claim for all applicable damages
Conclusion
The amount of compensation you can expect for an Erb’s Palsy claim depends on the injury’s severity and its impact on your child’s life. While mild cases receive lower payouts, severe cases involving lifelong disability can result in substantial awards covering medical costs, care, and loss of earnings.
If your child suffered Erb’s Palsy due to medical negligence, seek legal advice promptly to start your claim and secure the compensation needed for their future.

What Our Clients Say

We take pride in helping individuals secure the compensation they deserve. Here’s what our clients have to say about their experience with Accident Claims Group.

"Accident Claims Group made the claims process so stress-free. Their team was professional, supportive, and always kept me informed. I received the compensation I deserved faster than I expected. Highly recommended!"
John Robertson
"After my accident, I wasn’t sure where to turn. The team at Accident Claims Group handled everything with care. They fought for my rights and ensured I got a fair settlement. I couldn’t be happier with the outcome!"
Sarah Mitchell
"Exceptional service from start to finish! The team explained everything clearly, guided me through each step, and secured a great result. I’m truly grateful for their dedication, hard work, and expertise!"
Mark Douglas

Want free advice?

Enter your details and get a call back

Quick Links

info Links

info Links

Twitter Facebook Linkedin Instagram Youtube Wordpress

Disclaimer: ACCIDENT CLAIMS GROUP LIMITED Company Registered in England, Company Number 15018191.

Copyright © 2025 Accident Claims Group. All Rights Reserved.

Request A Call Back

Get free advice from injury specialists.