Cerebral Palsy Lawsuit Settlements

Cerebral palsy lawsuit settlements can help families pay for the costs of treatment and care for their child. A typical family will require around $1 million to cover the lifetime medical expenses relating to cerebral palsy.

Although every cerebral palsy case is different however, the majority palsy lawsuits are similar. When you get a free case evaluation, an experienced lawyer can determine if you have a compelling claim.

Statute of Limitations

cerebral palsy law firms Palsy can have an effect on children for years, cerebral palsy as well as their families. Children with cerebral palsy often have a significant medical bill that range from treatment to equipment that is specialized to therapy. In severe cases, a child with cerebral palsy could require round-the-clock or part-time treatment. Compensation can help cover the expenses.

It is important to understand the laws in your state concerning medical malpractice claims. A lot of states have statutes or limitations that put a limit on the time you can file a lawsuit after an incident that is illegal occurs. If you fail to meet this deadline the court may dismiss your case.

While each state's laws vary slightly, many states allow citizens to have a few years to make personal injury claims which include claims relating to medical malpractice. If you suspect that a medical professional or facility has injured your child and caused their CP it is crucial to contact an experienced cerebral palsy attorney as soon as you can so that you have enough time to file claims.

Kansas for instance permits two years to be passed from the date of the malpractice. Kentucky is one of the more strict states when it comes to these types of cases and only gives citizens one year to find out what caused the harm.

Gathering Evidence

Physical and occupational therapy is often required for victims of cerebral palsy. Their parents may have modify their homes or purchase special equipment, like wheelchairs. These costs are usually expensive and a lawsuit may assist the family to receive compensation to pay the medical bills and increase the quality of life for their child.

A medical malpractice claim is usually based on whether the doctor's actions and choices fell below the standard treatment under the circumstances. Your lawyer will review your child's birth, pregnancy and early infancy records, as well as other evidence to determine whether the CP symptoms could have been prevented with better medical treatment.

Your attorney will also speak with your child's doctors and other health care professionals regarding your child's medical treatment as well as CP symptoms. They will review all evidence and prepare for trial. This may include getting expert testimony from witnesses in support of your claims and debunking defense arguments.

If the medical experts are of the opinion that your child's CP was caused by medical negligence Your lawyer will file an action in civil court with the local court. Depending on your state's laws, you may have an amount of time to file a claim. Your lawyer will explain these rules to you. If you do not file your claim within the timeframe of the statute of limitations your claim will be rejected.

Case Filing

If a medical error during pregnancy, childbirth or in the first few weeks after birth led to your child to develop cerebral palsy, you may be able to file a suit and seek compensation for the damages. A successful claim for a cerebral-palsy settlement could be able to cover the costs of your family including ongoing care and treatment costs.

An experienced attorney will review your case to determine whether you have a legitimate legal claim against the medical professionals responsible 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 child and witness reports of the birthing process of your child, as well as other evidence. After the required evidence has been gathered your attorney will present your lawsuit to the 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 attorneys palsy lawsuit might be settled in a matter months. If the defendants dispute liability, or the injuries sustained by your child are serious it could be necessary to go through trial. During the trial, your lawyer will present evidence before a jury or judge who will decide liability and the amount of compensation your child is entitled to be awarded.

Trial

When your attorney has all the information they need they will be able to begin filing your case. They will send the defendants a demand note in which they are asked to compensate your family and yourself for any injuries resulting from medical negligence. The defendants will have only a short time to respond, usually approximately 30 days.

The next step of the legal process is discovery. It is when both sides prepare documents and evidence to prove their side of the truth. Your lawyer will work closely with experts in medicine and witnesses to gather additional evidence for your case. After this phase the court will arrange a an initial trial conference to discuss the case.

A lot of cases of medical malpractice are settled through settlement agreements rather than a trial verdict. It is more efficient and less costly for both parties. Your lawyer will work diligently to reach an acceptable settlement amount. This amount will need to consider your child's expenses over the long term as well as losses.

Many families with children suffering from CP are reassured knowing that their medical personnel was accountable for their actions. This can allow them to rethink their lives and move forward with confidence. It also helps to raise awareness for other families that might be in similar situations.