Cerebral Palsy Lawsuit Settlements

Settlements from cerebral palsy lawsuits can help families pay for the treatment and care of their child. The average family requires upwards of $1,000,000 to cover the medical expenses associated with cerebral palsy over the course of an entire lifetime.

Although each case is unique, most cerebral palsy law firm palsy lawsuits have similar steps. An attorney can assess your case during a no-cost consultation.

Statute of Limitations

Cerebral Palsy is a serious condition which can have a lasting impact on children and their families. Children with cerebral palsy often face a large medical bill, ranging from treatment to equipment that is specialized to therapy. In severe cases, children suffering from cerebral palsy may need around-the 24/7 or even part-time care. Compensation can help pay for these expenses.

It is essential to know the laws in your state concerning medical malpractice claims. There are many states with statutes of limitations that place a restriction on how long you can file a claim following an illegal event occurs. If you don't file by the deadline the case will be dismissed by the court.

While every state's laws differ slightly, the majority of states allow citizens to have a few years to file personal injury claims that include medical negligence. You should seek out a cerebral palsy lawyer immediately if you suspect a medical professional or a facility has caused your child's CP.

For example For instance, the Kansas statute of limitations in cases of birth injuries allows two years from the time the malpractice occurred. Kentucky is a state that is more stringent when it comes to this kind of situation and allows citizens to be aware of the harm within one year.

Gathering Evidence

Physical and occupational therapy is usually required for those suffering from cerebral palsy. Parents may need to modify their homes and purchase special equipment, like wheelchairs. These costs are usually expensive and a lawsuit could help the family receive compensation to pay these medical expenses and improve their child's quality of life.

A medical malpractice case typically based on whether or not the doctor's actions and decisions were not in line with the standard of treatment in the particular circumstances. Your attorney will scrutinize your child's birth, pregnancy, and early infancy documents and other evidence to determine if the CP symptoms could have been prevented by more effective medical treatment.

Your lawyer will also speak with the doctors and other health professionals about your child's treatment as well as CP symptoms. They will review the evidence and prepare for trial. This could include gathering testimony from experts to support your assertions and debunking the defense's arguments.

If medical experts agree that the CP in your child's body was due to medical malpractice the lawyer will file an action in your local court. You could only have a specific amount of time, contingent on the laws in your state, to make a claim. Your lawyer will explain these rules to you. Your claim will be dismissed when you fail to file within the specified time.

Case Filing

When a medical mistake during pregnancy, childbirth or the moment after birth triggers your child's cerebral palsy, you could be able to bring a lawsuit and seek compensation for damages. A successful claim for a cerebral palsy settlement could help your family pay for expenses including ongoing medical treatment and costs for care.

A knowledgeable attorney will evaluate your case to determine whether you have a strong legal claim against the medical professionals accountable for your child's injuries. Your lawyer will then collect all evidence to support your claim. These could include medical records for both the mother and the child witnesses' accounts of the birth of your child, as well as other relevant proof. Your attorney will file your lawsuit once the initial evidence is gathered. You will be the plaintiff, and the hospital or doctor who caused the injury to your child will be the defendant.

The cerebral palsy situation could be resolved within a few months if the defendant accepts responsibility. If the defendants deny liability or if the injuries suffered by your child were severe, you could need to go to trial. During the trial your lawyer will present all evidence in your case to a judge or jury who will make a verdict determining the liability of the defendant and cerebral palsy lawyer a fair amount of compensation for the loss of your child.

Trial

Once your attorney has all the necessary information they will be able to begin filing your case. They will send the defendants a demand note asking them to pay your family and yourself for any the damages resulting from medical negligence. The defendants will have the time to reply, cerebral palsy lawyer usually approximately 30 days.

The next step in the legal process is discovery, which is the time when both sides create documents and evidence to prove their side of the truth. Your lawyer will work with medical experts and witness to gather additional evidence to support your case. Following this stage the court will typically organize pre-trial conferences to discuss the case and determine if it is ready for trial.

Many instances of medical malpractice are settled by settlement agreements instead of the trial verdict. It is quicker and less expensive for both parties. Your lawyer will work diligently to reach a fair settlement figure. This amount must take into consideration the future expenses of your child as well as losses.

Many families of children with CP find comfort in knowing that their medical personnel was accountable for their actions. This can help them reimagine their lives and move forward with confidence. It could also help raise awareness for other families that might be in similar situations.