Cerebral Palsy Lawsuit Settlements

Settlements for cerebral palsy lawsuits can aid families in covering the cost of treatment and care for their child. The average family will need more than $1 million to cover the lifetime medical expenses associated with cerebral palsy.

Although each case is unique, most cerebral palsy lawsuits follow similar steps. During a free case review, an experienced lawyer can determine if you have a legitimate claim.

Statute of Limitations

Cerebral dysplasia is a serious condition that can have a lasting impact on children and their families. Children who have cerebral palsy attorney palsy typically face a large medical bill that range from treatment to specialized equipment to therapy. In extreme instances, a child diagnosed with cerebral palsy could require round-the-clock or part-time treatment. Compensation can help pay for these expenses.

It is crucial to be aware of the laws in your state regarding medical malpractice claims. A lot of states have statutes that restrict the time in which you are able to make a claim following an illegal event. If you do not file your claim by the deadline, your case will be dismissed by the court.

While each state's laws vary slightly, the majority of states allow citizens to have a few years to claim personal injury that include medical malpractice. You should seek out a cerebral palsy lawyer when you suspect that a medical professional or a facility 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 of the states that are more strict when it comes to these kinds of cases and only allows citizens one year to identify the harm.

Gathering Evidence

Physical and occupational therapy is typically needed for patients suffering from cerebral palsy. Parents might have to remodel their homes and purchase special equipment, such as wheelchairs. These costs can be expensive and a lawsuit could aid the family in obtaining compensation to pay for these medical bills and improve their child's quality of life.

A medical malpractice claim is usually based on whether a doctor's actions or decisions were not in line with the standards of care required under the circumstances. Your attorney will scrutinize your child's birth, pregnancy, and early infancy documents and other evidence to determine whether the CP symptoms could have been avoided with more effective medical treatment.

Your lawyer will also speak to doctors and other health care professionals about the treatment of your child as well as CP symptoms. They will analyze all evidence and prepare for trial. This may include getting expert testimony in support of your assertions and contesting defense arguments.

If medical experts are of the opinion that your child's CP was the result of negligence in the medical field Your lawyer will file an action in civil court with your local court. You could only have a specific amount of time, based on the laws of your state and the court you bring a lawsuit. Your lawyer will explain these rules. Your claim will be deemed to be unfounded when you fail to file within the time limit.

Case Filing

If a medical error during childbirth, pregnancy or shortly after birth results in your child's cerebral palsy, you may be eligible to file a lawsuit and pursue compensation for damages. If you are successful in your claim the settlement for cerebral palsy may pay for all of your family's expenses as well as regular care and treatment.

An experienced attorney can review your case to determine if you have a strong legal claim against the medical professionals responsible for the injuries your child sustained. Your lawyer will then collect all the evidence necessary to prove your case. This may include medical records for both mother and cerebral child as well as witness reports of the birth of your child, as well as other evidence. Once the initial evidence is collected then your attorney will file your lawsuit in court. You will be the plaintiff and the hospital or doctor that caused the injury to your child will be the defendant.

If the defendant accepts liability, your cerebral palsy lawsuit might be settled in a matter of months. However, if the defendants dispute liability or your child's injuries are severe the case may have to go through a trial. During the trial, your attorney will present the evidence before a jury or judge who will decide liability and the amount of compensation your child must be awarded.

Trial

When your attorney has all the relevant information they can begin filing your case. They will send the defendants a demand letter asking them to pay your family and you for the damages resulting from medical negligence. The defendants will be given the time to respond, normally around 30 days.

The next step in the legal procedure is discovery. This is when both sides will create documents and evidence to support their side of the story. Your lawyer will work with medical experts and witnesses to gather additional evidence to support your case. Following this, a court will schedule pre-trial conferences to discuss the case.

A lot of cases of medical malpractice are settled through settlement agreements rather than a trial verdict. This is preferable for both parties as it is faster and less expensive. Your lawyer will be diligent to reach an acceptable settlement amount. This amount must include the future costs of your child and losses.

Many families with children who suffer from CP are reassured knowing that their medical staff was held accountable for their actions. This can help families redefine their lives and move forward with confidence. It could also help raise awareness for other families that might be experiencing the same thing.