How to Make a Cerebral Palsy Legal Claim

Finding compensation in a brain palsy case involves many steps. The goal is to recover financial compensation for your child's pain and suffering as well as the expenses that your family has endured in the years since their CP diagnosis.

Finding out if medical malpractice or negligence triggered your child's CP is the first step. During a free consultation, your lawyer will go over all the details of your case and begin gathering evidence.

Legal Questions

Cerebral palsy can cause a wide range of physical and cognitive problems, which could lead to lifelong healthcare requirements. Medical expenses can be a major burden on any family. If your child's cerebral paralysis was the result of medical errors that could have been avoided it could be eligible for compensation.

A lawyer who has experience in cerebral palsy cases can help determine if your child's condition was caused by medical negligence and if it is possible to file an action. The lawyer will go over the medical records of your child and birth details, and then gather any additional evidence including imaging scans and testimony from family members or medical professionals.

Once your lawyer has collected sufficient evidence, he will send a demand letter to the defendants asking them to pay for both you and your child. If the defendants refuse to agree to an agreement, they could be able to stand trial and they may be found guilty of medical negligence. Many lawyers suggest settling out-of-court to save time and avoid the emotional strain of an upcoming trial. A settlement can aid your family in paying for treatment earlier. Your lawyer will fight for the best result in the event of a trial. This could include compensation for your child's future and past loss of income, their pain and suffering and any other damages.

Statute of limitations

Cerebral Palsy can result in permanent and life-changing disabilities. It can affect the balance, co-ordination and movement, as well as secondary problems such as secondary musculoskeletal problems, speech and hearing, vision as well as behaviour and learning. It could also have an impact on the cost of living medical costs, as well as special equipment.

Compensation claims can assist in paying for the initial and ongoing cost of rehabilitation, care and even support. A large award could make a huge difference in the quality of life for the family and cerebral palsy lawyer their future plans. But it won't resolve the issues or change the circumstances that affected your child that's why it is important to seek legal advice immediately.

Every state has a law which limits the time you have to start a lawsuit following an event. The limitations are different however it is advised to consult a lawyer early so that your case doesn't be lost in the process.

When submitting a malpractice lawsuit for malpractice, your Kansas City cerebral palsy attorney must prove that the actions of your healthcare provider did not meet the standards considered normal or reasonable in their profession. To decide what to do, the lawyer will examine what other healthcare professionals with similar training and experience would have done under the same circumstances. This is referred to as the standard of care.

Preparing for a Lawsuit

The life-altering effects that the diagnosis of cerebral palsy may affect your child are often overwhelming. This is especially relevant when families are trying to pay the high cost of care. If your child's CP is the result of medical negligence during the birth or pregnancy then you may be able to claim compensation.

A cerebral palsy lawyer will review your child's medical record to determine what steps a healthcare professional should have taken to prevent an injury. If it is discovered that a healthcare professional's mistake or error led to your child's CP our lawyer will prepare all necessary documents to bring the lawsuit. We will also secure the assistance of medical experts who will conduct a thorough review of your child's situation.

After a lawsuit is filed and the defendants are served with the time to respond to your complaint. During this period the parties will exchange formal requests for evidence or documents called interrogatories and depositions.

Our legal team is aware that it can be difficult to focus on your child's health and well-being when you're trying to pay the rising costs of the care of your child. That's why we work on a contingency basis, meaning you only pay our firm for legal fees in the event that we win an award of financial value for you.

Filing an action

Cerebral palsy is a non-progressive condition that affects coordination, movement balance, and posture. The treatment for CP can include medications, surgeries, assistive technology and other treatments. These costs can quickly add up, causing financial stress to families.

A cerebral palsy law firm palsy lawyer can assist families in obtaining life-changing compensation that eases the strain by paying medical costs. Compensation from a legal lawsuit can also help families afford to live in a safe home and provide a stable and secure environment for their child.

When filing a lawsuit, your attorney will gather documents to back your case. These may include images of your child and medical records from the mother's pregnancy as well as delivery, and accounts from witnesses who can testify about the birthing process. Your lawyer will also engage a medical expert to review the details of your case.

After a thorough review the lawyer will begin a lawsuit against medical professionals responsible for the birth injury suffered by your child. This process is typically conducted at the local courthouse. Some cases are settled with the form of a settlement agreement, without going to trial. It is best to avoid the emotional turmoil that comes with reliving a traumatizing birth experience and listening to the testimony of witnesses during trial. A settlement allows a family the money they need sooner.