Cerebral Palsy Lawsuit Settlements

Cerebral palsy lawsuit settlements can aid families in covering the cost of treatment and care for their child. The average family will need more than $1 million to cover the lifetime medical expenses relating to cerebral palsy.

Each case is different, however, most cerebral palsy lawsuits have similar steps. A lawyer can evaluate your case during a no-cost consultation.

Statute of limitations

Cerebral Palsy may have an effect on children for years as well as their families. Children who have cerebral palsy face numerous medical expenses. This can include everything from therapy to specialized equipment. In the most severe cases, a child with cerebral palsy could require round-the-clock or part-time assistance. The process of obtaining compensation can help cover these costs.

It is important to know the laws in your state concerning medical malpractice claims. A lot of states have statutes that limit the time for which you can file a claim after an unlawful event. If you don't file by the deadline your case will be dismissed by the court.

While every state's laws differ slightly, the majority of states allow citizens to have a few years to make personal injury claims for personal injury, including those involving medical negligence. It is recommended to contact an attorney for cerebral palsy whenever you suspect a medical professional or a facility caused your child's CP.

For example for instance, the Kansas statute of limitations in a birth injury case allows two years from the date that the malpractice occurred. Kentucky is a state that is more stringent in this type of case and allows citizens to be aware of the damage within a year.

Gathering Evidence

Many people with cerebral palsy require ongoing care including occupational and physical therapy. Parents may have to alter their home or purchase equipment such as wheelchairs. These costs are usually expensive and a lawsuit could aid the family in obtaining compensation to pay the medical bills and enhance the quality of life for their child.

A medical negligence case is usually based on whether the doctor's actions fell below the standard care in 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 talk to your child's doctors and other health professionals regarding your child's treatment and also the CP symptoms. They will examine the evidence and prepare for trial. This could include getting expert witness testimony to support your claims, and disproving the defense's arguments.

If medical experts agree that your child's CP was the result of medical negligence, your lawyer will file a civil lawsuit with the local court. Depending on your state's laws you may have the time to make a claim. Your attorney will explain these rules to you. If you don't file within the timeframe of the statute of limitations your claim will be thrown out.

Case Filing

When a medical mistake during pregnancy, childbirth or the moment after birth triggers your child's cerebral palsy, you might be able to bring a lawsuit and seek compensation for damages. If you are successful in your case, the settlement for cerebral palsy could cover all of your family's expenses which includes continuing care and treatment.

An experienced attorney will review your case to determine whether you have a legitimate legal claim against the medical professionals who are responsible for the injuries your child sustained. Your lawyer will then collect all the evidence necessary to prove your case. These could include scans of your child's brain, medical records from both the mother and the child, testimony of witnesses to the birth of your child and other relevant evidence. Your lawyer will file your lawsuit after the initial evidence has been gathered. You will be the plaintiff, and the hospital or doctor who caused the injury to your child will be the defendant.

If the defendant accepts responsibility and you have a cerebral palsy case, it might be settled in a matter of months. If, however, the defendants dispute liability, or the injuries sustained by your child are serious it could be necessary to go through a trial. During the trial, your lawyer will present all of the evidence in your case before a judge or jury who will make an opinion on the extent of liability and a fair amount of compensation for law your child's losses.

Trial

Once your lawyer has all the information they need they will be able to begin filing your case. They will send a demand letter to the defendants, asking them to compensate your family and you for the losses resulting from the medical negligence. The defendants will have the time to respond, usually around 30 days.

Discovery is the next step of the legal process. Both sides will create documents to prove their sides. Your lawyer will work with experts in medicine and witnesses to gather additional evidence to support your case. Following this, a court will schedule pre-trial conferences to discuss the case.

Settlement agreements are usually used to resolve medical malpractice cases instead of the jury verdict. It is more efficient and less expensive for both parties. Your lawyer will work diligently to help you reach an appropriate settlement amount. The amount you settle must be adjusted to account for the future costs of your child and losses.

Many families of children with CP are comforted by the fact that their medical team has been held accountable for their actions. This can help them reimagine their lives and move forward with confidence. It also helps raise awareness of other families in similar circumstances.