Cerebral Palsy Lawsuit Settlements

Settlements from lawsuits involving cerebral palsy could help families pay for the treatment and care of their child. A typical family will require upwards of $1 million to cover a lifetime of medical expenses related to cerebral palsy.

While every cerebral palsy case is unique, the majority of cerebral palsy lawsuits have a similar. When you get a free case evaluation, an experienced lawyer can determine whether you have a strong claim.

Statute of limitations

Cerebral Palsy can have lasting effects on children and their families. Children with cerebral palsy usually have a significant medical bill and can range from treatment to equipment that is specialized to therapy. In severe instances, children with cerebral palsy may require around-the-clock clock or part-time care. In some cases, compensation may help to cover these costs.

It is important to know the laws in your state regarding medical malpractice claims. A lot of states have statutes that restrict the time that you can bring a claim following an illegal event. If you miss the deadline and file a claim, it will be dismissed by the court.

While each state's laws vary slightly, many states allow citizens a few years to make personal injury claims that include medical negligence. If you suspect that the medical professional or establishment caused harm to your child or resulted in the development of CP, it is essential to contact a skilled cerebral palsy lawyer as fast as you can so that you have enough time to file an injury claim.

For instance, the Kansas statute of limitations in the case of a birth injury allows two years from the date that the error occurred. Kentucky is a more strict state in this type of case and only permits citizens to identify the harm within one year.

Gathering Evidence

Physical and occupational therapy is typically needed for patients suffering from cerebral palsy. Parents may need to modify their home and buy special equipment, such as wheelchairs. These medical expenses could be quite costly. A lawsuit can aid the family to receive compensation to cover these expenses and enhance the quality of life for the child.

A medical malpractice claim is usually based on whether a doctor's actions or decisions fell short of the standard of care in the circumstances. Your attorney will examine your child's birth, pregnancy, and early infancy records and other evidence to determine whether the CP symptoms could have been prevented with better medical care.

Your attorney will also talk with doctors and other health care professionals regarding your child's treatment as well as CP symptoms. They will examine the evidence and prepare for trial. This could include obtaining expert testimony to support of your arguments and refuting defense arguments.

If medical experts confirm that your child's CP was caused by negligence on the part of a doctor the 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 of your state in order to file a lawsuit. Your attorney will explain these rules to you. Your claim could be dismissed in the event that you fail to submit your claim within the time frame.

Case Filing

If a medical mishap during pregnancy, childbirth, or in the first few weeks following birth caused your child to develop cerebral palsy, you may be able bring a lawsuit and seek compensation for damages. If you're successful with your case the settlement for cerebral palsy may cover all of your family's costs which includes continuing care and treatment.

An experienced lawyer will review your case to determine whether you have a strong legal claim against the medical professionals accountable for the injuries your child sustained. Your lawyer will then collect all evidence to support your case. This could include scans of images and medical records of both the mother and child, testimony from those who witnessed the birth of your child, Cerebral palsy and other evidence. After the required evidence is gathered and your lawyer has completed the formal process, you will file your lawsuit in court. You will be the plaintiff, while the hospital and cerebral palsy doctor who caused the injuries suffered by your child will become the defendant.

If the defendant accepts responsibility, your cerebral palsy lawsuit could be settled in a matter of months. If, however, the defendants dispute liability, or your child's injuries are severe, you might need to go through a trial. During trial, your lawyer will present the evidence before a jury or judge who will determine the liability and the amount of compensation your child is entitled to be awarded.

Trial

When your attorney has all the information they need, they can start filing your case. They will send the defendants a demand notice in which they are asked to compensate your family and yourself for any damages caused by medical negligence. The defendants have a specific time to respond. It is usually approximately 30 days.

Discovery is the next stage of the legal procedure. Both sides will draft documents to prove their side. Your attorney will work with medical experts and witnesses to gather additional evidence for your case. After this phase, a court will schedule an initial conference to discuss your case.

Many instances of medical malpractice are settled through settlement agreements rather than the trial verdict. Settlement agreements are quicker and less costly for both parties. Your lawyer will work hard to reach an acceptable settlement amount. This amount should include the future costs of your child and losses.

Many families of children with CP are reassured by the fact that their medical team has been held accountable for their actions. This can help families redefine their lives and move forward with confidence. It could also help to raise awareness of other families who are in similar situations.