Cerebral Palsy Lawsuit Settlements

Settlements for cerebral palsy lawsuits can help families cover the cost of treatment and care for their child. The average family will need at least $1,000,000 to cover all medical expenses associated with cerebral palsy over a lifetime.

While every cerebral palsy lawsuit is different, the majority palsy lawsuits have a similar. A lawyer can review your claim in a free consultation.

Statute of Limitations

Cerebral palsy has an effect on children for years as well as their families. Children with cerebral palsy law firm palsy have a lot of medical expenses. This can include everything from therapy to special equipment. In extreme cases, children suffering from cerebral palsy may require around-the-clock all-hours or part-time assistance. Compensation can help cover the cost.

A cerebral palsy suit can be a lengthy legal process and it is essential to be aware of the laws in your state regarding medical malpractice claims. Many states have laws that limit the time for which you can bring a claim following an unlawful event. If you do not meet the deadline, the court will likely dismiss your claim.

Although every state's laws differ in a small way, most states allow citizens a few years to claim personal injury that include medical negligence. You should seek out a cerebral palsy lawyer whenever you suspect a medical professional or facility has caused your child's CP.

For instance, the Kansas statute of limitations in cases involving birth injuries permits two years from the date that the mistake occurred. Kentucky is one stricter state in this type of case and only permits citizens to find the injury within a year.

Gathering Evidence

Many victims of cerebral palsy require ongoing care including occupational and physical therapy. Parents may have to change their home and acquire special equipment, such as wheelchairs. These costs are usually expensive, and a lawsuit can aid the family in obtaining the compensation needed to cover these medical expenses and improve their child's quality of life.

A medical malpractice claim is usually determined by whether a doctor's actions or choices fell below the standard of care given the circumstances. Your attorney will look over your child's birth, pregnancy, and early infant records as well as other evidence to determine whether the CP symptoms could have been avoided with more effective medical treatment.

Your attorney will also talk to your child's physicians and other health professionals about your child's treatment, as well as the CP symptoms. They will examine the evidence and prepare the case for trial. This may include getting expert testimony to support of your claims and disproving defense arguments.

If medical experts agree that your child's CP was the result of negligence at the hands of a medical professional, your lawyer will file an action in civil court with your local court. Depending on your state's laws and regulations, you may have a limited amount of time to submit a claim. Your attorney will explain these rules to you. If you do not file your claim within the time limit the claim will be thrown out.

Case Filing

If a medical lapse during childbirth, pregnancy, or the first few weeks following birth caused your child to develop cerebral paralysis, you may be eligible to make a claim and seek compensation for damages. A successful claim for a cerebral-palsy settlement could pay for your family's expenses which include the ongoing costs of treatment and care.

An experienced attorney will review your case to determine if you have a legitimate legal claim against the medical professionals responsible for the injuries your child sustained. Your lawyer will then gather all the relevant documentation to prove your claim. These could include scans of your child's brain and medical records of both the mother and child, statements of witnesses to your child's birthing process, and other relevant evidence. Your lawyer will file your lawsuit after the evidence has been collected. You are the plaintiff and the hospital or doctor that caused the injury to your child will be the defendant.

If the defendant accepts responsibility, your cerebral palsy law firm palsy lawsuit might be settled in a matter months. If, however, the defendants dispute liability or the injuries sustained by your child are serious and severe, you may need to go through a trial. During the trial, your lawyer will present all of the evidence to a judge or jury who will then render an award determining the amount of liability and fairness of compensation for your child's losses.

Trial

Once your lawyer has all the information they need and is ready to file your case. They will send an order letter to the defendants, asking them to compensate your family and cerebral palsy lawsuits you for the harm caused by the medical negligence. The defendants will have only a short time to respond, usually within 30 days.

Discovery is the next stage of the legal process. Both sides will prepare documents to show their side. Your lawyer will collaborate with medical experts and witnesses to gather additional evidence for your case. After this phase, the court will usually organize pre-trial conferences to discuss the case and determine whether it is ready to proceed to trial.

Settlement agreements are usually used to settle medical negligence cases, instead of the jury verdict. Settlement agreements are quicker and less expensive for both parties. Your lawyer will do all they can to assist you in reaching a fair settlement amount. This amount will need to take into account your child's long-term expenses and losses.

Many families of children with CP are comforted by the fact that their medical staff has been held accountable for their actions. This can help them reimagine their lives and move forward with confidence. It also helps to raise awareness for other families who might be experiencing similar situations.