cerebral palsy lawyers Palsy Lawsuit Settlements

Settlements for cerebral palsy lawsuits can aid families in covering the cost of treatment and care for their child. A typical family will require around $1 million to cover a lifetime's worth of medical expenses related to cerebral palsy.

Each case is different, however the majority of cerebral palsy lawsuits follow similar steps. A lawyer can evaluate your claim during a complimentary consultation.

Statute of limitations

Cerebral palsy is a severe condition that can have a long-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 cases, children suffering from cerebral palsy may require round-the 24/7 or even part-time care. Compensation can help with the costs.

It is important to understand the laws in your state concerning medical malpractice claims. There are many states with statutes of limitations that place a limit on how long you are allowed to file a claim after an incident that is illegal occurs. If you fail to file your claim within the timeframe the case will be dismissed by the court.

While the laws of each state vary slightly in their laws, all states allow citizens to make personal injury lawsuits, including those relating to medical malpractice. If you suspect that an medical professional or a facility harmed your child and resulted in their CP it is imperative to contact an experienced cerebral palsy lawyer as fast as possible to ensure you have enough time to make an injury claim.

Kansas for instance allows two years to pass from the date the error. Kentucky is one stricter state in this kind of situation and only permits citizens to find the harm within one year.

Gathering Evidence

Many patients suffering from cerebral palsy require care for the rest of their lives, including physical and occupational therapy. Parents may need to modify their home and buy special equipment, such as wheelchairs. The medical costs can be very expensive. A lawsuit may aid the family in obtaining compensation to pay for these expenses and improve the child's life.

A medical malpractice case is usually dependent on whether a physician's actions or decisions fell short of the standards of care required under the circumstances. Your attorney will examine your child's birth, pregnancy, and early infancy documents and other evidence to determine if the CP symptoms could have been avoided with better medical care.

Your attorney will also talk with your child's doctor and other health care providers about your child's treatment, as well as the CP symptoms. They will examine the evidence and prepare for trial. This could include obtaining expert testimony to support of your arguments and refuting defense arguments.

If medical experts believe that the CP in your child was the result of medical malpractice, your lawyer will file a complaint with your local court. You could only have a certain amount of time, depending on the laws of your state to file a lawsuit. Your lawyer will explain these rules to you. Your claim will be deemed to be unfounded if you do not file within the specified time.

Case Filing

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

An experienced attorney will analyze your case and determine if you have a strong claim against the medical professionals who are responsible for your child's injuries. Your lawyer will then gather all kinds of evidence to support your claim. This could include images and medical records from both the mother and child, accounts from those who witnessed your child's birthing process, and other evidence. After the required evidence is gathered and your lawyer has completed the formal process, you will present your lawsuit to the court. You will become the plaintiff, and the hospital and doctor who caused the injuries suffered by your child will become the defendant.

If the defendant accepts liability and you have a cerebral palsy case, it might be settled in a matter months. If the defendants claim they are not responsible or if your child's injuries were severe, you could have to go to trial. In the course of trial, your lawyer will present the evidence to a judge or jury who will determine the liability and the amount of compensation your child should be awarded.

Trial

After your lawyer has gathered all the information needed, they can begin making the case. They will send a demand letter to defendants requesting that they compensate your family and you for the damages related to the medical negligence. The defendants are given a short time to respond. In most cases, this is about 30 days.

Discovery is the next stage of the legal procedure. Both sides will prepare documents to show their side. Your attorney will work with medical experts and witnesses to gather additional evidence to support your case. Following this the court will arrange a pre-trial conferences to discuss the case.

Settlement agreements are typically used to resolve medical malpractice cases, instead of the jury verdict. This is preferable for both parties since it is cheaper and quicker. Your lawyer will be diligent to help you come up with an appropriate settlement amount. The amount you settle for must take into account your child's expenses over the long term as well as losses.

Many families with children suffering from CP find comfort in knowing that their medical personnel was accountable for their actions. This can help families redefine themselves and move forward in confidence. It could also help raise awareness for other families who might be experiencing the same situation.