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 has to pay up to $1,000,000 in order to cover all medical costs associated with cerebral palsy lawyers palsy over the course of an entire lifetime.

While every cerebral palsy lawsuit is different however, the majority palsy lawsuits are the same. A lawyer can assess your claim during a free consultation.

Statute of Limitations

Cerebral Palsy is a serious condition that can leave a lasting impact on children and their families. Children who have cerebral palsy typically have a significant medical bill that range from treatment to specialized equipment to therapy. In extreme cases, children with cerebral palsy could require round-the-clock or part-time assistance. The process of obtaining compensation can help cover these costs.

It is important to understand the laws in your state concerning medical malpractice claims. A lot of states have statutes that limit the time you can file a claim after an illegal event. If you do not meet the deadline the court could dismiss your case.

While every state’s laws differ slightly, most allow citizens to have a few years to make personal injury claims which include claims relating to medical negligence. You should contact a cerebral palsy lawyer as soon as you suspect a medical expert or a medical facility has caused your child’s CP.

For instance The Kansas statute of limitations in a birth injury case allows two years from the date that the error occurred. Kentucky is one stricter state when it comes to this kind of case and only allows citizens to discover the injury within a year.

Gathering Evidence

Many patients with cerebral palsy attorney palsy require lifelong care, including physical and occupational therapy. Parents might have to modify their homes and purchase special equipment, like wheelchairs. These medical expenses can be very expensive. A lawsuit may assist the family with the money needed to pay these costs and improve the child’s life.

A medical malpractice lawsuit is typically the result of determining if a doctor’s actions or choices fell below the standards of care required under the circumstances. Your attorney will examine your child’s medical records since birth, pregnancy and early childhood to determine whether CP symptoms could have been prevented by better medical care.

Your lawyer will also talk with your child’s doctor and other health care professionals about your child’s treatment, as well as the CP symptoms. They will review the evidence and prepare the case for trial. This may include gathering testimony from experts to support your claims and countering the defense’s arguments.

If medical experts believe that the CP in your child’s case was caused by medical negligence and your lawyer files a complaint at your local court. You could only have a certain period of time, based on the laws in your state in order to bring a lawsuit. Your attorney will explain these rules. If you fail to file your claim within the time limit the claim will be rejected.

Case Filing

If a medical lapse during pregnancy, childbirth, or in the first few weeks after birth led to your child to develop cerebral paralysis, you may be able to bring a lawsuit and seek compensation for damages. If you’re successful in your claim, the settlement for cerebral palsy could cover all of the costs for your family which includes the ongoing treatment and care.

An experienced lawyer will evaluate your case and determine whether you have a solid claim against the medical professionals accountable for your child’s injuries. Your lawyer will gather all types of documentation to support your claim. This can include medical records for both the mother and the child witnesses’ accounts of the birthing process of your child, as well as other relevant proof. After the required evidence is collected your attorney will submit your lawsuit to the court. You will be the plaintiff while the hospital or doctor that caused your child’s injury will be the defendant.

The cerebral palsy situation could be settled within a few months if the defendant accepts the responsibility. If the defendants deny responsibility or if the injuries suffered by your child were serious, you might have to go to trial. In the course of trial your attorney will present the evidence before a jury or judge who will decide on liability and the amount of compensation your child must be awarded.

Trial

After your lawyer has collected all the relevant information the attorney can commence filing your case. They will send a demand letter to defendants, asking them to compensate you and your family members for the harm caused by the medical negligence. The defendants have a limited time to respond. It is usually around 30 days.

Discovery is the next step of the legal procedure. Both sides will prepare documents to show their side. Your lawyer will work with medical experts and witnesses to gather additional evidence for your case. After this phase the court will schedule a pre-trial conferences to discuss the case.

Settlement agreements are usually used to settle medical malpractice cases, rather than the jury verdict. This is beneficial for both parties because it is quicker and less costly. Your lawyer will do everything possible to help you arrive at a fair settlement amount. The amount you settle must take into consideration your child’s future expenses and losses.

Many families with children who suffer from CP find comfort in knowing that their medical team was held accountable for their actions. This can help them rethink their lives and move forward with confidence. It can also help raise awareness of other families in similar circumstances.