Cerebral 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 up to $1 million in order to cover a lifetime's worth of medical expenses relating to cerebral palsy.

While every cerebral palsy case is different however, the majority of cerebral palsy lawsuits are the same. In a free case review an experienced lawyer will determine whether you have a compelling claim.

Statute of Limitations

Cerebral palsy is a severe condition that can have a lasting impact on children and their families. Children who have cerebral palsy typically suffer from a wide range of medical expenses that range from treatment to equipment that is specialized to therapy. In extreme cases, a child suffering from cerebral palsy may require continuous or even part-time care. Obtaining compensation can help cover the costs.

It is crucial to be aware of the laws in your state concerning medical malpractice claims. A lot of states have statutes that limit the time for which you can bring a lawsuit following an illegal event. If you do not meet the deadline the court could dismiss your claim.

While each state's laws vary slightly, many states allow citizens a few years to claim personal injury, including those related to medical negligence. You should contact an attorney for cerebral palsy as soon as you suspect that a medical professional or a facility caused your child's CP.

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

Gathering Evidence

Physical and occupational therapy is typically needed for patients suffering from cerebral palsy. Parents may need to modify their homes and purchase special equipment, like wheelchairs. These medical expenses can be costly. A lawsuit could aid the family in obtaining compensation to pay for these expenses and make a difference in the life of the child.

A medical malpractice case typically based on whether the doctor's actions or decisions were in violation of the standard of treatment in the particular circumstances. Your attorney will scrutinize your child's birth, pregnancy and early infant records as well as other evidence to determine whether the CP symptoms could have been avoided with more effective medical treatment.

Your attorney will also talk with your child's doctor and other health care providers regarding your child's treatment in addition to the CP symptoms. They will examine the evidence and prepare the case for trial. This may include obtaining expert witness testimony to prove your case and refuting the defense's arguments.

If medical experts agree that your child's CP was the result of negligence in the medical field, your lawyer will file a civil complaint with the local court. According to the laws of your state and regulations, you may have only a short time to file a claim. Your lawyer will explain these rules to you. Your claim will be deemed to be unfounded if you fail to file within the time limit.

Case Filing

If a medical error during childbirth, pregnancy or the moment after birth triggers your child's cerebral palsy, you could be able to start a lawsuit and seek compensation for damages. If you're successful with your claim the settlement for cerebral palsy could be enough to cover your family's expenses as well as ongoing care and treatment.

A knowledgeable attorney will evaluate your case to determine if you have a strong legal claim against the medical professionals accountable for your child's injuries. Your lawyer will then gather all kinds of evidence to prove your claim. This could include images and medical records of both the mother and child, reports of witnesses to the birth of your child and other evidence. Once the necessary initial evidence is gathered your attorney will submit your lawsuit to the court. You will be the plaintiff and the hospital or doctor who caused your child's injury will be the defendant.

Your cerebral palsy lawyer palsy case could be settled within a few months if the defendant accepts the responsibility. If the defendants deny responsibility or if your child's injuries were severe, you could require a trial. During the trial the lawyer will present all of the evidence to a jury or judge who will then issue the verdict that determines the extent of liability and a fair amount of compensation for your child's injuries.

Trial

Once your lawyer has all of the necessary information, they can begin filing your case. They will send the defendants a demand letter asking them to compensate your family and yourself for any damages caused by medical negligence. The defendants have a limited time to respond. In most cases, this is around 30 days.

The next step of the legal process is discovery. It is where both sides create documents and evidence to support their side of the story. Your lawyer will work closely with medical experts and witnesses to gather additional evidence for your case. After this phase, the court will usually convene pre-trial conference meetings to discuss the case and decide whether or not to go to trial.

Many instances of medical malpractice are settled by settlement agreements, rather than the trial verdict. This is preferred by both parties as it is more efficient and less expensive. Your lawyer will work hard to help you reach an appropriate settlement amount. The amount you settle for must take into consideration the future expenses of your child as well as losses.

Many families with children suffering from CP can feel at ease knowing that their medical team was accountable for their actions. This can allow them to rethink their lives and move forward with confidence. It can also raise awareness for other families that may be facing the same situation.