Cerebral Palsy Lawsuit Settlements

Settlements for cerebral palsy lawsuits can help families cover the cost of treatment and care for their child. The average family will need up to $1 million in order to cover their lifetime medical expenses related to cerebral palsy.

Although every case is unique the majority of cerebral palsy lawsuits follow similar steps. A lawyer can review your claim during a free consultation.

Statute of Limitations

Cerebral palsy has an impact that lasts for a long time on children, as well as their families. Children with cerebral palsy have a lot of medical costs. This could range from therapy to special equipment. In extreme cases, children suffering from cerebral palsy law firm palsy may need around-the clock or part-time care. Compensation can help pay for the expenses.

It is important to understand the laws in your state regarding medical malpractice claims. Many states have laws that restrict the time that you can bring a lawsuit following an incident that is illegal. If you miss the deadline, the court will likely dismiss your case.

While every state's laws differ slightly, many states allow citizens a few years to file personal injury claims, including those related to medical malpractice. If you suspect that an individual or a facility caused harm to your child and resulted in their CP, it is essential to contact an experienced cerebral palsy lawyer as soon as possible to ensure you have enough time to make an injury claim.

For instance, the Kansas statute of limitations in cases of birth injuries allows two years from the date the malpractice occurred. Kentucky is one of the more strict states in these kinds of cases. It only gives its citizens one year to discover the harm.

Gathering Evidence

Physical and occupational therapy is usually needed for patients suffering from cerebral palsy. Their parents may have to modify their homes and purchase special equipment, like wheelchairs. These costs are usually expensive, and a lawsuit can help the family get the compensation needed to cover the medical bills and increase their child's quality of life.

A medical malpractice lawsuit is typically based on whether a doctor's actions or decisions were not in line with the standard of care under the circumstances. Your attorney will review the child's medical records from birth as well as the time of pregnancy and early childhood to determine if CP symptoms could have been prevented by better medical care.

Your lawyer will also talk with your child's doctor and other health professionals regarding your child's medical treatment as well as the CP symptoms. They will analyze the evidence and prepare for cerebral palsy lawsuits trial. This could include obtaining expert testimony in support of your assertions and debunking defense arguments.

If medical experts are of the opinion that your child's CP was caused by negligence on the part of a doctor the lawyer will file a civil lawsuit with the local court. Depending on your state's laws, you may have only a short time to make an action. Your lawyer will explain these rules to you. Your claim will be deemed to be unfounded if you fail to file your claim within the deadline.

Case Filing

If a medical error occurs during childbirth, pregnancy or right after birth causes your child's cerebral palsy, you might be eligible to file a lawsuit and pursue compensation for the damages. A successful claim for a cerebral palsy settlement can cover your family's expenses that include ongoing medical treatment and costs for care.

An experienced lawyer will evaluate 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 evidence to support your claim. This could include images as well as medical records from the mother and child, statements of witnesses to the birth of your child and other relevant evidence. Once the initial evidence is gathered then your attorney will submit your lawsuit to the court. You are the plaintiff and the hospital or cerebral Palsy lawsuits doctor that caused the injury to your child will be the defendant.

Your cerebral palsy case could be resolved within a few months in the event that the defendant accepts liability. If the defendants dispute liability or your child's injuries are severe it could be necessary to go through trial. During the trial the lawyer will present all evidence to a jury or judge who will issue the verdict that determines the amount of liability and fairness of compensation for your child's losses.

Trial

When your attorney has all the information they need they will be able to begin filing your case. They will send the defendants a demand note asking them to compensate you family and you for damages related to medical negligence. The defendants will be given the time to respond, typically approximately 30 days.

The next step in the legal process is discovery. It is when both sides will create documents and evidence to support their side of the story. Your attorney will collaborate with medical experts and witness to gather additional evidence to support your case. Following this stage the court will typically hold pre-trial meetings to discuss the case and decide whether or not to proceed to trial.

Settlement agreements are commonly used to settle medical malpractice cases instead of the jury verdict. It is quicker and less costly for both parties. Your lawyer will do everything to help you arrive at the most reasonable settlement amount. The amount you settle must take into consideration your child's future expenses and losses.

Many families of children suffering from CP are reassured by the fact that their medical team has been held accountable for their actions. This can allow families to rethink their lives and move forward with confidence. It could also help raise awareness for other families that may be going through similar situations.