Cerebral Palsy Lawsuit Settlements

Settlements from cerebral palsy lawsuits could help families pay for the treatment and care of their child. The average family will need around $1 million to cover a lifetime's worth of medical expenses related to cerebral palsy.

Although every cerebral-palsy case is different however, the majority of cerebral palsy lawsuits look similar. When you get a free case evaluation an experienced lawyer will determine whether you have a valid claim.

Statute of limitations

port arthur cerebral palsy law firm Palsy may have an effect on children for years and their families. Children with cerebral palsy usually suffer from a wide range of medical expenses, ranging from treatment to equipment that is specialized to therapy. In extreme instances, children with cerebral palsy may require around-the-clock 24-hour or part-time treatment. Compensation may help to cover the costs.

It is important to understand the laws in your state regarding medical malpractice claims. A lot of states have statutes that limit the time you can bring a lawsuit following an unlawful event. If you miss the deadline the court could dismiss your case.

Although every state's laws differ in a small way, most states allow citizens a few years to claim personal injury that include medical malpractice. It is recommended to contact a cerebral palsy lawyer immediately if you suspect a medical expert or a medical facility has caused your child's CP.

Kansas for instance permits two years to expire from the date of the malpractice. Kentucky is one of the states that is more strict when it comes to this kind of situation and only allows citizens to discover the harm within one year.

Gathering Evidence

Many people with cerebral palsy require care for the rest of their lives, including physical and occupational therapy. Their parents may have to modify their homes and purchase special equipment, like wheelchairs. The medical costs can be very expensive. A lawsuit could aid the family to receive compensation to pay for these expenses and improve the child's life.

A medical malpractice case typically based on the doctor's actions were in violation of the standard of care in the circumstances. Your lawyer will review your child's birth, pregnancy and early infancy records and other evidence to determine if the CP symptoms could have been prevented by more effective medical treatment.

Your attorney will also speak to doctors and other health professionals about the treatment of your child as well as CP symptoms. They will analyze all evidence and prepare for trial. This could include obtaining expert witness testimony in support of your assertions and disproving defense arguments.

If medical experts believe that the CP in your child's case was caused by medical negligence the lawyer will file a complaint with your local court. Based on the laws in your state you may be given the time to submit an action. Your lawyer will explain these rules to you. Your claim is dismissed if you do not file your claim within the deadline.

Case Filing

If a medical error during pregnancy, childbirth or immediately after birth causes your child's cerebral palsy, you may be eligible to file a lawsuit and pursue compensation for damages. A successful claim for a cerebral palsy settlement could pay for your family's expenses that include ongoing medical treatment and costs for care.

An experienced lawyer will evaluate your case and determine whether you have a solid claim against medical professionals responsible for your child’s injuries. Your lawyer will gather all the relevant documentation to prove your claim. This may include medical records for both the mother and child and witness accounts of the birthing process of your child, as well as other relevant proof. Your attorney will file your lawsuit after the initial evidence is gathered. 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 responsibility, your cerebral palsy lawsuit might be settled in a matter of months. If the defendants contest liability or your child's injuries are severe it could be necessary to go through trial. During the trial your lawyer will present all evidence in your case to a judge or cerebral palsy lawyer jury who will then render an award determining the liability of the defendant and a fair amount of compensation for your child's losses.

Trial

After your lawyer has gathered all of the necessary information and documents, they can start making the case. They will send an demand letter to defendants requesting that they compensate you and your family members for any damages resulting from medical negligence. The defendants are given a certain time to respond. In most cases, this is about 30 days.

The next phase of the legal process is discovery. This is the time when both sides prepare documents and evidence to support their side of the truth. Your lawyer will work with experts and witnesses to gather additional evidence for your case. After this stage, a court will schedule pre-trial conference to discuss the case.

Settlement agreements are usually utilized to settle medical malpractice cases rather than a jury verdict. It is faster and less costly for both parties. Your lawyer will do their best to help you come up with an equitable settlement. This amount must include the cost of your child's future expenses and losses.

Many families of children suffering from CP are relieved by the fact that their medical staff has been held accountable for their actions. This can help them reimagine their lives and cerebral palsy lawyer move forward with confidence. It can also increase awareness for other families who may be going through similar circumstances.