Cerebral Palsy Lawsuit Settlements

Cerebral palsy lawsuit settlements 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.

Although every cerebral palsy case is different, the majority of cerebral palsy lawsuits look similar. During a free case review An experienced lawyer can determine if you have a legitimate claim.

Statute of limitations

Cerebral Palsy is a serious condition which can have a lasting impact on children and their families. Children who have cerebral palsy typically have extensive medical expenses that range from treatment to specialized equipment to therapy. In severe cases, children with cerebral palsy may require around-the-clock 24/7 or even part-time care. Compensation can help pay for the expenses.

A cerebral palsy claim can be a complicated legal procedure and it is crucial to know the laws of your state regarding medical malpractice claims. There are many states that have laws that limit the time for which you can file a claim after an illegal event. If you do not meet this deadline the court may dismiss your case.

Although the laws of every state differ but they all allow citizens to bring personal injury lawsuits, including those relating to medical malpractice. It is recommended to contact a lawyer for cerebral palsy when you suspect a medical professional or a facility caused your child's CP.

For example, the Kansas statute of limitations in cases of birth injuries allows two years from the time the negligence occurred. Kentucky is among the more strict states when it comes to these kinds of cases and only gives its citizens one year to determine the damage.

Gathering Evidence

Physical and occupational therapy is usually needed for patients suffering from cerebral palsy. Parents may need to modify their home and buy special equipment, such as wheelchairs. These expenses can be very expensive and a lawsuit could aid the family in obtaining compensation to pay for the medical bills and enhance the quality of life of their child.

A medical malpractice claim is typically the result of determining if a doctor's actions or choices fell below the standards of care required under the circumstances. Your lawyer will review your child's birth, pregnancy and early infancy records and other evidence to determine if the CP symptoms could have been prevented by better medical care.

Your attorney will also talk to doctors and other health care professionals regarding your child's treatment as well as CP symptoms. They will analyze all evidence and prepare for trial. This may include obtaining expert witness testimony to support your assertions and disproving the defense's arguments.

If medical experts believe that your child's CP was the result of negligence on the part of a doctor and your lawyer files an administrative complaint in the local court. According to the laws of your state and regulations, Cerebral Palsy Lawsuit you may have a limited amount of time to make a claim. Your lawyer will explain these rules to you. If you don't file within the timeframe of the statute of limitations the claim will be dismissed.

Case Filing

If a medical error occurs during childbirth, pregnancy or the moment after birth triggers your child's cerebral palsy, you may be able to make a claim and seek compensation for damages. A successful claim for cerebral palsy settlements could help your family pay for expenses including the ongoing costs of treatment and care.

An experienced lawyer will review your case to determine if you have a solid legal claim against the medical professionals who are responsible for the injuries your child sustained. Your lawyer will then collect all the evidence needed to prove your claim. This can include medical records for both mother and child witnesses' accounts of the birthing process of your child, as well as other relevant proof. Once the initial evidence has been gathered your attorney will submit your lawsuit to the court. You will be named the plaintiff, and the hospital and doctor that caused the injuries to your child will be the defendant.

If the defendant accepts liability, your cerebral palsy lawsuit could be resolved in just a few months. If the defendants disagree on liability or your child's injuries are severe the case may have to go through a trial. During the trial your lawyer will argue all the evidence in your case to a judge or jury who will then issue an opinion on liability and a fair amount of compensation for your child's losses.

Trial

When your lawyer has all the information they need, they can start filing your case. They will send a demand letter to defendants asking them for compensation for your family and you for any damages resulting from medical negligence. The defendants are given a certain time to respond. It is usually approximately 30 days.

The next phase of the legal process is discovery. This is the time when both sides create documents and evidence to prove their side of the truth. Your attorney will work closely with medical experts and witnesses to gather additional evidence to support your case. After this phase the court will typically organize pre-trial conferences to discuss the case and determine if it is ready for trial.

Settlement agreements are usually utilized to settle medical malpractice cases rather than a jury verdict. It is faster and less costly for both parties. Your lawyer will do everything possible to help you reach the most reasonable settlement amount. This amount should consider your child's long-term expenses and losses.

Many families with children who suffer from CP can feel at ease knowing that their medical staff was accountable for their actions. This can allow families to rethink themselves and move forward in confidence. It may also help in raising awareness of other families who are in similar situations.