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 a lifetime's worth of medical expenses relating to cerebral palsy.

Although each case is unique the majority of cerebral palsy lawsuits follow similar steps. A lawyer can evaluate your case during a no-cost consultation.

Statute of limitations

Cerebral palsy is a serious condition which can have a lasting impact on children and their families. Children who have cerebral palsy face a lot of medical expenses. This can include everything from therapy to specialized equipment. In the most severe instances, a child diagnosed with cerebral palsy could require round-the-clock or part-time treatment. The process of obtaining compensation can help cover the costs.

A cerebral palsy lawyers palsy lawsuit could be a lengthy legal process and it is crucial to know the laws of your state regarding medical malpractice claims. A lot of states have statutes that restrict the time that you can file a claim after an incident that is illegal. If you do not meet the deadline the court may dismiss your case.

Although the laws in each state may differ slightly, they all allow citizens to file personal injury lawsuits, Palsy including those relating to medical malpractice. You should seek out an attorney for cerebral palsy as soon as you suspect that a medical professional or a facility has caused your child's CP.

Kansas for instance allows two years to be passed from the date of the malpractice. Kentucky is among the stricter states in these types of cases and only allows citizens one year to identify the harm.

Gathering Evidence

Many patients suffering from cerebral palsy require care for the rest of their lives which includes occupational and physical therapy. Parents may need to modify their homes and purchase special equipment, like wheelchairs. These costs can be expensive and a lawsuit may aid the family in obtaining the compensation needed to cover these medical expenses and improve their child's quality of life.

A medical negligence case is typically based on whether or not the doctor's actions and decisions did not meet the standards of treatment in the particular 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 avoided with better medical care.

Your lawyer will also talk to doctors and other health care experts about your child's treatment as well as CP symptoms. They will examine the evidence and prepare the case for trial. This may include the testimony of an expert witness to support your claims, and countering the defense's arguments.

If the medical experts agree that your child's CP was the result of negligence in the medical field and your lawyer files a civil complaint with your local court. You could only have a specific amount of time, contingent on the laws of your state, to bring a lawsuit. Your attorney will explain these rules to you. Your claim will be dismissed if you fail to file within the time limit.

Case Filing

If a medical mistake during pregnancy, childbirth or the first few weeks after birth led to your child to develop cerebral palsy, you may be able to start a lawsuit and claim compensation for the damages. A successful claim for a cerebral palsy lawyer palsy settlement could cover your family's expenses that include ongoing medical treatment and costs for care.

An experienced attorney will review your case and determine whether you have a solid claim against the medical professionals who are responsible for the injuries your child sustained. Your lawyer will then gather all the evidence necessary to prove your case. These could include scans of your child's brain as well as medical records from the mother and child, statements from people who witnessed your child's birthing process, and other evidence. Your attorney will file your lawsuit after the initial evidence has been gathered. You will become the plaintiff, while the doctor and hospital who caused your child's injuries will be the defendant.

If the defendant accepts responsibility and you have a cerebral palsy case, it might be settled in a matter months. However, if the defendants dispute liability, or your child's injuries are severe, you might need to go through a trial. During trial, your attorney will present evidence before a jury or judge who will decide on liability and the amount of compensation your child will be awarded.

Trial

Once your attorney has all the relevant information, they can start filing your case. They will send a demand letter to the defendants requesting that they compensate your family and you for any damages resulting from medical negligence. The defendants will have the time to respond, usually about 30 days.

Discovery is the next stage of the legal process. Both sides will prepare documents to support their position. Your lawyer will work with medical experts and witnesses to gather 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 for trial.

Settlement agreements are often used to settle medical malpractice cases, instead of the jury verdict. It is faster and more affordable for both parties. Your lawyer will be diligent to help you come up with a fair settlement figure. This amount should include your child's future expenses and losses.

Many families of children suffering from CP are encouraged 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 can also help raise awareness of other families going through similar circumstances.