Cerebral Palsy Lawsuit Settlements

Cerebral palsy lawsuit settlements can help families pay for the cost of treatment and care for their child. The average family will need up to $1 million in order to cover a lifetime's worth of medical expenses associated with cerebral palsy.

While every cerebral palsy lawsuit is different, the majority palsy lawsuits are the same. An attorney can assess your claim in a free consultation.

Statute of Limitations

Cerebral palsy is a serious condition that can have a long-lasting impact on children and their families. Children with cerebral palsy have numerous medical costs. This could range from therapy to specialized equipment. In severe cases, a child with cerebral palsy could require round-the-clock or part-time care. Compensation can help cover the costs.

It is important to understand the laws in your state regarding medical malpractice claims. A lot of states have statutes or limitations that place a limit on how long you can file a lawsuit after an unconstitutional event occurs. If you don't file by the deadline and file a claim, it will be dismissed by the court.

Although every state's laws differ in a small way, most states allow citizens a few years to make personal injury claims that include medical negligence. You should seek out a lawyer for cerebral palsy whenever you suspect that a medical expert or a medical facility has caused your child's CP.

Kansas for instance permits two years to pass from the date of the error. Kentucky is one of the states that are more strict when it comes to these types of cases and only gives its citizens one year to discover the harm.

Gathering Evidence

Many victims of cerebral palsy lawyer palsy require ongoing care including occupational and physical therapy. Parents may need to modify their home and buy special equipment such as wheelchairs. These medical expenses can be very expensive. A lawsuit can aid the family to receive the money needed to pay these costs and make a difference in the life of the child.

A medical negligence case is typically based on the doctor's actions did not meet the standards of treatment in the particular circumstances. Your lawyer will review your child's birth, pregnancy and early infancy records, as well as other evidence to determine if the CP symptoms could have been prevented by more effective medical treatment.

Your attorney will also speak with doctors and other health care professionals regarding your child's treatment as well as CP symptoms. They will examine the evidence and prepare the case for trial. This may include getting expert testimony from witnesses in support of your arguments and refuting defense arguments.

If the medical experts agree that your child's CP was the result of negligence on the part of a doctor Your lawyer will file an action in civil court with your local court. You could only have a certain period of time, based on the laws in your state and the court you bring a lawsuit. Your attorney will explain these rules. If you fail to file your claim within the time limit, your claim will be thrown out.

Case Filing

If a medical error occurs during pregnancy, childbirth or immediately after birth causes your child's cerebral palsy, you could be eligible to bring a lawsuit and seek compensation for the damages. A successful claim for a cerebral palsy settlement could pay for your family's expenses, including ongoing medical treatment and costs for care.

An experienced attorney will review your case and determine whether you have a solid claim against the medical professionals accountable for your child's injuries. Your lawyer will then gather all the evidence needed to prove your claim. This could include scans of images and medical records from both the mother and the child, accounts from witnesses to the birth of your child and other evidence. Once the necessary initial evidence is gathered, your attorney will formally present your lawsuit to the court. You will be the plaintiff while the hospital or doctor that caused the injury to your child will be the defendant.

The cerebral palsy situation could be resolved in a couple of months in the event that the defendant accepts liability. If the defendants claim they are not responsible or if your child's injuries were serious, you might be required to go to court. During the trial, your attorney will present the evidence before a jury or judge who will determine liability and the amount of compensation your child must be awarded.

Trial

After your lawyer has collected all the relevant information, cerebral palsy lawsuit they can begin making the case. They will send the defendants a demand letter in which they are asked to compensate your family and you for the damages resulting from medical negligence. The defendants will be given a limited amount of time to respond, normally approximately 30 days.

Discovery is the next step of the legal process. Both sides will prepare documents to prove their sides. Your lawyer will work with medical experts and witnesses to gather additional evidence for your case. Following this the court will arrange a pre-trial conferences to discuss the case.

A large number of cases of medical negligence are resolved through settlement agreements rather than a trial verdict. This is preferred by both parties as it is more efficient and less expensive. Your lawyer will work hard to help you come up with a fair settlement figure. This amount should include your child's future expenses and losses.

Many families of children suffering from CP are comforted by the fact that their medical staff is accountable for their actions. This can help them reimagine their lives and move forward with confidence. It can also increase awareness for other families who might be experiencing similar circumstances.