Cerebral Palsy Lawsuit Settlements

Cerebral palsy lawsuit settlements can help families cover the cost of treatment and care for their child. The average family will need upwards of $1 million to cover a lifetime of medical expenses associated with cerebral palsy.

Although each case is unique, most cerebral palsy lawsuits have similar steps. During a free case review an experienced lawyer will determine whether you have a compelling claim.

Statute of limitations

Cerebral dysplasia is a serious condition that can have a lasting impact on children and their families. Children with cerebral palsy usually suffer from a wide range of medical expenses which range from treatment to specialized equipment to therapy. In the most severe cases, a child suffering from cerebral palsy may require continuous or even part-time care. Obtaining compensation can help cover these costs.

It is essential to know the laws in your state concerning medical malpractice claims. There are many states that have laws that restrict the time that you can bring a claim following an unlawful event. If you don't meet this deadline the court may dismiss your claim.

Although the laws of each state may differ slightly, they all allow citizens to file personal injury lawsuits, for example, those involving medical malpractice. You should seek out a cerebral palsy lawyer as soon as you suspect a medical professional or a facility caused your child's CP.

For instance for instance, the Kansas statute of limitations in cases of birth injuries allows two years from when the negligence occurred. Kentucky is one of the stricter states when it comes to such cases and only allows citizens one year to discover the harm.

Gathering Evidence

Physical and occupational therapy is usually required for people suffering from cerebral palsy. Parents may have to alter their home and acquire special equipment, such as wheelchairs. The medical costs can be very expensive. A lawsuit may help the family get the money needed to pay these costs and enhance the quality of life for the child.

A medical malpractice claim is typically determined by whether a doctor's actions or decisions were not in line with the standard of care given the circumstances. Your attorney will look over the records of your child's birth to early childhood, pregnancy and even birth to determine whether CP symptoms could be prevented with more effective medical care.

Your attorney will also talk to your child's doctors and cerebral palsy lawsuit other health care providers about your child's treatment, in addition to the CP symptoms. They will examine the evidence and prepare the case for trial. This could include gathering testimony from experts to support your assertions and countering the defense's arguments.

If medical experts agree that your child's CP was the result of negligence in the medical field and your lawyer files an administrative complaint in the local court. You could only have a certain period of time, based on the laws of your state and the court you file a lawsuit. Your lawyer will explain to you these rules. If you fail to file your claim within the time limit the claim will be dismissed.

Case Filing

If a medical error occurs during pregnancy, childbirth or shortly after birth results in your child's cerebral palsy, then you may be able to start a lawsuit and seek compensation for damages. If you win your case, the settlement for cerebral palsy may be enough to cover the costs for your family as well as regular care and treatment.

An experienced lawyer will evaluate your case and determine whether you have a valid claim against medical professionals accountable for your child's injuries. Your lawyer will then collect all documentation to support your case. These could include medical records for both the mother and the child as well as witness accounts of the birth of your child, as well as other relevant proof. Once the necessary initial evidence is collected and your lawyer has completed the formal process, you will file your lawsuit in court. You will become the plaintiff, while the hospital and doctor that caused the injuries suffered by your child will become the defendant.

Your cerebral palsy case may be resolved in a couple of months when the defendant accepts responsibility. However, if the defendants contest liability or your child's injuries are severe the case may have to go through trial. During the trial your lawyer will present evidence before a jury or judge who will decide liability and cerebral palsy lawsuit the amount of compensation your child will receive.

Trial

Once your attorney has all the necessary information they will be able to begin filing your case. They will send an demand letter to defendants asking them for compensation for your family and you for the damages related to the medical negligence. The defendants will have only a short time to respond, normally within 30 days.

Discovery is the next step of the legal procedure. Both sides will draft documents to show their side. Your lawyer will collaborate with medical experts and witnesses to gather additional evidence to support your case. After this stage, the court will usually convene pre-trial conference meetings to discuss the case and determine whether or not it is appropriate to go to trial.

Settlement agreements are often utilized to settle medical malpractice cases, instead of the jury verdict. It is faster and less costly for both parties. Your lawyer will be diligent to reach an acceptable settlement amount. The amount you settle for must take into account your child's expenses over the long term as well as losses.

Many families of children who have CP are relieved by the fact that their medical team has been held 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 who may be going through similar situations.