How to File a Cerebral Palsy Lawsuit

You may be able to file a lawsuit if your child has cerebral paralysis. Each case is unique, but most follow the same procedures. A skilled lawyer with experience in cerebral palsy can manage every aspect of the process.

Your claim is valid if medical professionals prove that the negligence of a doctor, or other medical professional directly caused the brain injury suffered by your child. Damage awards can be substantial.

Damages

Cerebral Palsy is a major issue for families, in particular because it requires medical treatment and care that lasts for a lifetime. The emotional burden CP can impose on parents can leave them feeling exhausted and financially strained.

In a cerebral-palsy case, families can be compensated for both economic and other damages. Economic damages include medical bills future costs for care and lost wages due to the child's limitations. Non-economic damages can include pain and suffering, disfigurement, mental anguish and loss of enjoyment of life.

The amount of money that is awarded in the cerebral palsy lawsuit is contingent on the individual case's damages however, generally speaking, the average cerebral palsy settlement nationally is around $5 million. These figures are based upon the experience of our birth injury lawyers dealing with these cases and the results of settlements as well as jury verdicts across the country.

When you decide to file a cerebral-palsy lawsuit your lawyer will gather all kinds of documentation to show that your child's medical injuries were caused by the hospital and doctor involved in your child's birth. They will also draft a Life Care Plan, which is an expert-created estimate of your child's future treatment needs.

A reputable lawyer with nurses who are registered will be able to listen to your story and determine whether the injuries suffered by your child were the result of medical negligence during labor and birth. They will then complete the tedious work of collecting evidence and contacting witnesses. The majority of medical professionals resolve the matter outside of court. If they don't, the case could go to trial.

Time limit

If you miss the deadline to file a lawsuit, the court could dismiss your claim. You should consult an attorney for birth injuries as soon as possible to understand your rights as well as the deadlines for filing a lawsuit that are statutory to your situation. The statute of limitation in medical malpractice cases usually is two years. If you represent minor victims, the statute of limitation may be extended until their 20th birthday.

The legal team you hire will require time to examine the case of your child, and gather the evidence and documentation. This is one of the most important parts of your child's medical malpractice suit as it determines how you can receive.

You should choose an attorney that specializes in cerebral paralysis cases. This will ensure that they are familiar with the complicated issues that arise in this type of lawsuit. They'll be able create a strong argument that maximizes the financial recovery potential of your child.

Additionally, you should find an attorney who works on contingency. This means they won't be paid until you are successful in your case. This can reduce the stress associated with paying for attorney's services and help build trust between your legal team and your. Furthermore, it guarantees that your lawyer won't accept your claim if they don't think you'll have a high chance of winning.

Finding an attorney

Cerebral palsy lawsuits are often filed by families whose children were injured because of negligence by a medical professional. If you suspect that your child's cerebral ailment was caused by a mistake made by the doctor, consult a lawyer immediately. Statutes of limitations in the state, also known as statutes of limitations define the time you have to take legal action in these cases.

You should seek out an attorney who specializes in medical malpractice cases. They will have the knowledge and resources to defend the hospital and doctors in your case. Additionally they will be able to review your medical records and review the medical procedures that were used during labor and delivery, and determine if the injuries could have been prevented by those responsible for your child's birth were more attentive.

Most cerebral palsy lawsuits are settled outside of court, and a knowledgeable lawyer can negotiate an acceptable settlement to your family. There are limits on compensation that may limit what you are able to receive.

Typically, a person with CP will require ongoing medical care and therapy. It can be expensive and therefore it is important to seek legal advice as soon as is possible. A CP lawsuit will assist you in recovering expenses related to taking care of your child and give you a sense that justice has been served.

Filing a lawsuit

Cerebral palsy is a devastating condition that can impact every aspect of a child's existence. The condition can lead to cognitive and physical disabilities which require continuous treatment in therapy, therapy, or other medical attention. A successful legal action can help to help a child with cerebral palsy lead a fulfilling and enjoyable life.

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

A lawyer can help you in bringing lawsuits against a doctor or medical team that is responsible for the injuries of your child. He or she will also consult with medical experts to prove that the doctor's mistake caused the injuries to your child. Expert witnesses will provide a detailed account of the injuries and their long-term effects and the associated costs with the ongoing treatment your child receives.

Most cerebral palsy malpractice lawsuits are settled through settlements, rather than a trial, which can be expensive and time-consuming. A lawyer can help you in deciding on the type of settlement that is the most appropriate for your situation. A lawsuit can also assist you to increase awareness of this common kind of medical negligence. This could help other families avoid similar mistakes in the future.