How to File a Cerebral Palsy Lawsuit

You could be able to file a lawsuit in the event that your child suffers from cerebral paralysis. Every case is different however, the majority follow the same procedure. An experienced cerebral palsy attorneys palsy attorney can manage all aspects of the process for you.

Your claim is valid if medical professionals prove that the error of a doctor, or any other medical professional, directly triggered the brain injury to your child. Damage awards can be substantial.

Damages

Cerebral Palsy can be extremely devastating for families, in particular because it requires medical treatment and care that lasts a lifetime. In addition, the emotional toll that CP affects parents can cause them to burn out and leave them struggling financially.

A cerebral palsy lawsuit can compensate families for both economic and non-economic damages caused by the child's injuries. Economic damages include medical costs as well as future costs for care and lost wages because of the child's limitations. Non-economic damages include pain and suffering mental anguish, disfigurement and loss of enjoyment of life.

The amount of money that is awarded in a cerebral palsy lawsuit depends on the individual case's damages but generally speaking, the average cerebral palsy settlement nationally is around $5 million. These figures are based on our birth injury lawyers' extensive experience in handling these cases and the results of verdicts and settlements across the nation.

When you file a cerebral palsy lawsuit your attorney will collect all kinds of written documentation to demonstrate that your child's medical injuries were caused by the doctor and hospital involved in your child's birth. They will also prepare a Life Care Plan, which is a specialized estimate of your child's future treatment needs.

A reputable lawyer with registered nurses on staff will be in a position to listen to your story and determine if the injuries suffered by your child were the result of medical negligence during labor and birth. They will then complete the time-consuming task of collecting evidence and getting witnesses to speak with them. Typically the medical professionals involved will agree to settle the case outside from court, however, if they don't, the case could be brought to trial.

Time limit

If you miss the deadline to file a lawsuit, if the court decides to dismiss your case. You must speak to a birth injury lawyer immediately to understand your rights and the deadlines for filing a lawsuit that are statutory in your case. Generally speaking, the time limit for medical malpractice cases is two years. If you represent minor victims, the statute of limitation may be extended to their 20th birthday.

The legal team you choose will also require time to examine your child's case and collect documents and witness testimony. This is one of the most important parts of your child's medical malpractice case, because it determines how you can receive.

It is recommended to work with an attorney who specializes in cerebral paralysis cases. This will ensure that they're familiar with the complex issues that arise in this kind of lawsuit. They will be able to make a convincing case which maximizes the potential of your child for financial recovery.

It is also recommended to find an attorney who is on contingency. This means they don't receive a fee unless they win your case. This can reduce the stress that comes with paying for attorney's services and help build trust between your legal team and your. Furthermore, it guarantees that your lawyer won't pursue your case if they do not believe you'll be a good candidate for winning.

Find an attorney

Families with children who have been injured by negligence from a medical professional typically bring lawsuits against doctors for cerebral palsy. If you suspect that your child's cerebral palsy caused by a mistake by a doctor, you should seek legal advice immediately. State laws called statutes of limitations define the time you must take legal action in these cases.

You should seek out an attorney who is specialized in medical malpractice cases. They have the expertise and resources to challenge the medical professionals and hospitals in your case. In addition they will be able to look over the medical records of your family, examine the medical procedures used during labor and cerebral palsy Lawsuit delivery and determine whether the injuries could have been avoided in the event that those responsible for your child's birth had been more attentive.

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

A person suffering from CP is likely to require ongoing medical treatment and care. This can be expensive and it is crucial to seek legal advice as early as possible. A CP lawsuit will help you recover the costs of taking care of your child as well as provide an understanding of justice.

Filing a lawsuit

Cerebral Palsy is a devastating disease that affects every aspect of the child's life. It can cause cognitive and physical disabilities which require continuous treatment, therapy, and other medical treatments. A successful legal action could provide the funds necessary to let a cerebral palsy child live a full, happy life.

Many parents who file cerebral palsy lawsuits seek compensation for the medical mistakes made by doctors or other health care professionals during the birth and pregnancy. This is known as medical malpractice. A cerebral palsy lawyer will review your case to determine whether you have an appropriate claim.

A lawyer can help you to file a lawsuit against the medical professional or team that caused the injury your child sustained. He or she may consult medical experts to establish that the mistake of the doctor caused your child's injury. Expert witnesses can provide specific evidence of the injury and its long-term consequences including the cost associated with the ongoing treatment for your child.

The majority of cerebral palsy lawsuits settle rather than going to trial, which can be costly and time-consuming. A lawyer can assist you decide which type of settlement is best for your situation. A lawsuit can help you make people aware of this frequent type of medical negligence. This will help avoid similar mistakes from happening again in the future.