Cerebral Palsy Lawsuit Settlements

Settlements in the case of cerebral palsy lawsuits can help families cover the cost of treatment and care for their child. A typical family will require more than $1 million to cover a lifetime of medical expenses relating to cerebral palsy.

Each case is different, however, most cerebral palsy lawsuits are based on the same steps. A lawyer can evaluate your claim in a free consultation.

Statute of limitations

Cerebral Palsy can have lasting effects on children, as well as their families. Children who have shively cerebral Palsy lawsuit palsy typically face a large medical bill which range from treatment to equipment that is specialized to therapy. In severe cases, children with cerebral palsy might require around-the-clock or part-time care. Compensation may help to cover the costs.

A canton cerebral palsy attorney palsy claim can be a complicated legal procedure and it is essential to be aware of your state's laws regarding medical malpractice claims. A lot of states have statutes or limitations that place a time limitation on how long you can file a claim following an illegal event has occurred. If you miss the deadline, the court will likely dismiss your claim.

Although every state's laws differ slightly, the majority of states allow citizens to have a few years to make personal injury claims, including those related to medical negligence. If you suspect that the medical professional or facility harmed your child and resulted in the development of CP it is imperative to speak with a reputable cerebral palsy lawyer as soon as you can in order to ensure that you have enough time to make a claim.

Kansas, for example permits two years to pass from the date of the error. Kentucky is a more strict state in this type of case and only permits citizens to identify the injury within a year.

Gathering Evidence

Many people with cerebral palsy need lifelong care which includes occupational and physical therapy. Their parents may have to modify their homes and purchase special equipment, like wheelchairs. These expenses can be very expensive and a lawsuit could help the family get compensation to pay for the medical bills and increase the quality of life for their child.

A medical malpractice claim is typically based on the doctor's actions and choices were in violation of the standard of treatment in the particular circumstances. Your lawyer will review your child's birth, pregnancy and early infancy documents and other evidence to determine whether the CP symptoms could have been prevented with better medical treatment.

Your attorney will also speak with doctors and other health professionals about your child's treatment as well as CP symptoms. They will examine all evidence and prepare for trial. This may include getting expert testimony in support of your arguments and refuting defense arguments.

If medical experts agree that the CP in your child's body was due to medical negligence the lawyer will file an action with your local court. Depending on your state's laws and regulations, you may have only a short time to file an action. Your attorney will explain these rules. If you don't file within the statute of limitations the claim will be rejected.

Case Filing

If a medical lapse during childbirth, pregnancy or the first few weeks after birth led to your child to develop cerebral paralysis, you may be able to file a suit and seek compensation for damages. If you are successful in your case the settlement for cerebral palsy could pay for all of your family's expenses as well as continuing care and treatment.

An experienced lawyer will evaluate your case and determine whether you have a valid claim against the medical professionals responsible for your child’s injuries. Your lawyer will then gather 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 birthing process of your child, and other relevant proof. Your attorney will file your lawsuit after the initial evidence has been gathered. You will be the plaintiff, while the doctor and hospital that caused your child's injuries will become the defendant.

If the defendant accepts responsibility, your cerebral palsy lawsuit might be settled in a matter of months. If the defendants deny liability or if the injuries suffered by your child were severe, you could have to go to trial. During the trial your lawyer will present all the evidence to a judge or jury who will make a verdict determining the amount of liability and fairness of compensation for the loss of your child.

Trial

After your lawyer has gathered all the required information, they can begin filing your case. They will send the defendants a demand note asking them to compensate your family and you for damages related to medical negligence. The defendants will have only a short time to respond, normally within 30 days.

Discovery is the next phase of the legal procedure. Both sides will create documents to prove their sides. Your lawyer will work with medical experts and witness to gather more evidence for your case. After this stage, a court will schedule pre-trial conferences to discuss the case.

Settlement agreements are typically used to resolve medical malpractice cases instead of the jury verdict. It is faster and less expensive for both parties. Your lawyer will work hard to help you come up with an acceptable settlement amount. This amount should consider the cost of your child's future expenses and losses.

Many families of children with CP feel secure knowing that their medical staff was held accountable for their actions. This can allow families to rethink their lives and move forward with confidence. It may also help in raising awareness of other families in similar circumstances.