How to File a Cerebral Palsy Lawsuit

If your child suffers from cerebral palsy, you may be eligible to file a claim against the hospital or doctor responsible for the condition. While each case is unique however, the majority of cases follow a similar set of steps. An experienced cerebral palsy attorney can handle all aspects of the process for you.

Your claim is admissible if medical experts establish that the error of a doctor or any other medical professional, directly triggered the brain injury in your child. Damage awards can be substantial.

Damages

Cerebral Palsy can be extremely devastating for families, particularly since it requires medical treatment and care that lasts a lifetime. The emotional burden CP can impose on parents can leave them exhausted and financially strapped.

In a cerebral palsy case families can be compensated for the economic and other damages. Economic damages include medical expenses, future care costs, and lost earnings due to the child's limitations. Non-economic damages could include suffering and cerebral palsy attorney pain, disfigurement, mental anguish, and loss of enjoyment life.

The amount of money awarded for a cerebral palsy case is contingent on the amount of damage that occurred in the case. However, the average cerebral palsy settlement is approximately $5 million. These figures are based upon the experience of our birth injury lawyers in handling these cases, as well as the outcomes of settlements and verdicts of juries across the country.

Your attorney will gather all the evidence needed to prove that the hospital or doctor who gave your child the treatment caused the injuries to your child. They will also draft a Life Care Plan, which is an estimate by a specialist of your child's treatment needs.

A lawyer who is registered with a nurse will be able to listen to your story to determine if your child's injuries result from medical negligence during the delivery. They will then do the time-consuming task of collecting evidence and calling witnesses. The majority of medical professionals agree to a settlement outside of court. If they do not the case will be tried in court.

Time limit

If you don't meet the deadline for filing a lawsuit, the court can dismiss your case. You should speak to a birth injury lawyer as soon as you can to know your rights and the deadlines imposed by law in your case. Generally speaking, the time-limit for medical malpractice cases is two years. If you are representing a minor victim of medical negligence, then the statute of limitations may be extended until the 20th birthday of the victim.

The legal team you choose will also need time to go through your child's case and gather evidence and witness testimony. This is a crucial element in your child's medical negligence lawsuit because it will determine the amount of compensation that you receive.

You should work with an attorney who is specialized in cerebral palsy cases. This will ensure that they are familiar with the complexities involved in this type of lawsuit. They'll be able to build a strong argument that maximizes the potential for financial recovery of your child.

You should also look for an attorney that is on contingency. This means they won't be paid until you are successful in your case. This reduces the stress of paying for attorney's services and help build trust between your legal team and you. It also assures that your lawyer won't accept your claim if he/she believes she doesn't think you have a good shot at winning.

Find an attorney

Cerebral palsy lawsuits are usually filed by families whose children were injured due to negligence of a medical professional. If your child has cerebral palsy and you suspect it was caused by a mistake made by a doctor you should speak with an attorney as soon as possible. State laws known as statutes or limitations specify the length of time you must take legal action in these cases.

Find a lawyer who specializes in medical malpractice. They will have the expertise and resources to fight the hospital and the doctors in your case. They will also be able to examine the medical records of your family, examine the medical procedures that were utilized during childbirth, and determine if the injuries could have possibly been avoided if those responsible for the birth had been more vigilant.

The majority of cerebral palsy lawsuits are settled outside of court, and a seasoned lawyer can negotiate a fair settlement to your family. Be aware of compensation caps however, which could restrict the amount you receive.

A person with CP is likely to require ongoing medical treatment and care. It can be costly and therefore it is important to seek legal advice as soon as you can. A CP lawsuit can help you recover costs of caring for your child, and also provide a sense of justice.

Filing a lawsuit

Cerebral Palsy is a debilitating condition that can affect every aspect of a child's life. It can cause physical and cognitive disabilities which require continuous treatment in therapy, therapy, or other medical treatment. A successful legal action could help raise the funds needed to help a cerebral paralysis child lead a full and happy life.

Many parents who are involved in cerebral palsy lawsuits seek compensation for medical errors made by doctors or other health care providers during the birth and pregnancy. Medical malpractice is the term used to describe this. A cerebral palsy lawyer can analyze the specifics of your case to determine if you have an appropriate legal claim.

A lawyer can help you bring a lawsuit against the medical professional or team that caused the child's injuries. He or she can consult with medical experts to prove the mistake of the doctor caused your child's injury. Expert witnesses can provide specific evidence of the injury and its long-term consequences as well as the expenses associated with your child's ongoing treatment.

Most malpractice lawsuits involving cerebral palsy attorney palsy are settled through settlements, rather than trial, which can be costly and time-consuming. A lawyer can assist you in deciding which settlement type is the best option for your specific situation. A lawsuit could also help increase awareness of this common kind of medical negligence. This could aid other families to avoid similar errors in the future.