Cerebral Palsy Lawsuit Settlements

Settlements from cerebral palsy lawsuits can assist families with the treatment and care of their child. A typical family will require up to $1 million in order to cover the lifetime medical expenses relating to cerebral palsy.

Although every cerebral palsy case is unique, the majority palsy lawsuits are similar. A lawyer can review your claim during a complimentary consultation.

Statute of Limitations

Cerebral dysplasia is a serious condition that can leave a lasting impact on children and their families. Children who have cerebral palsy typically suffer from a wide range of medical expenses which range from treatment to equipment that is specialized to therapy. In extreme cases, a child suffering from cerebral palsy might require around-the-clock or part-time treatment. In some cases, compensation may help to cover the costs.

It is important to understand the laws in your state regarding medical malpractice claims. A lot of states have statutes or limitations that set a time limit on how long you can file a lawsuit after an illegal event has occurred. If you don't file by the deadline and file a claim, it will be dismissed by the court.

While the laws of each state vary slightly, they all allow citizens to make personal injury lawsuits, which include those related to medical malpractice. If you suspect that the medical professional or establishment caused harm to your child or resulted in their CP it is crucial to contact an experienced cerebral palsy lawyer as fast as possible to ensure you have enough time to make a claim.

Kansas for instance allows two years to pass from the date the malpractice. Kentucky is among the states that are more strict in these kinds of cases. It only gives citizens one year to discover the harm.

Gathering Evidence

Physical and occupational therapy is usually required for victims of cerebral palsy. Parents may have to alter their home or purchase equipment, such as wheelchairs. These medical expenses can be extremely costly. A lawsuit can aid the family to receive the money needed to pay these costs and improve the quality of life of the child.

A medical malpractice lawsuit is typically based on whether a doctor's actions or decisions were not in line with the standard of care given the circumstances. Your attorney will look over your child's birth, pregnancy, and early infant records as well as other evidence to determine if the CP symptoms could have been avoided with better medical treatment.

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

If the medical experts agree that your child's CP was caused by negligence in the medical field, your lawyer will file a civil lawsuit with the local court. You could be granted a limited amount of time, contingent on the laws of your state to make a claim. Your lawyer will explain these rules. If you do not file your claim within the statute of limitations, your claim will be thrown out.

Case Filing

If a medical mishap during childbirth, pregnancy, or in the initial few weeks after birth led to your child to develop cerebral palsy you could be able to make a claim and seek compensation for the damages. A successful claim for a cerebral palsy settlement can be able to cover the costs of your family that include ongoing medical treatment and costs for care.

An experienced attorney can review your case to determine whether you have a strong legal claim against the medical professionals responsible for your child's injuries. Your lawyer will then gather all evidence to support your claim. This could include medical records for both the mother and child, witness accounts of the birthing process of your child, and other evidence. Once the initial evidence has been gathered then your attorney will present your lawsuit to the court. You will become the plaintiff, while the doctor and hospital that caused the injuries suffered by your child will become the defendant.

Your cerebral palsy case may be settled within a few months if the defendant accepts the responsibility. If, however, the defendants dispute liability, or the injuries sustained by your child are serious the case may have to go through trial. During trial, your lawyer will present the evidence before a jury or judge who will decide on liability and the amount of compensation your child is entitled to be awarded.

Trial

When your lawyer has all the necessary information they can 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 have the time to respond, normally within 30 days.

Discovery is the next phase of the legal procedure. Both sides will create documents to prove their sides. Your lawyer will work with experts in medicine and witnesses to gather additional evidence to support your case. After this stage the court will set a pre-trial conference to discuss the case.

A large number of cases of medical negligence are resolved by settlement agreements, rather than the trial verdict. It is faster and less expensive for both parties. Your lawyer will do everything possible to assist you in determining the most reasonable settlement amount. The amount you settle for must take into consideration the future expenses of your child as well as losses.

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