Cerebral Palsy Lawsuit Settlements

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

While every case is unique, most cerebral palsy lawsuits are based on the same steps. During a free case review, an experienced lawyer can determine if you have a compelling claim.

Statute of limitations

Cerebral palsy has an effect on children for years and their families. Children who have cerebral palsy typically suffer from a wide range of medical expenses and can range from treatment to equipment that is specialized to therapy. In severe cases, a child with cerebral palsy may require continuous or part-time treatment. Compensation can help pay for the costs.

A cerebral palsy lawsuit could be a complex legal process and it is crucial to be aware of the laws in your state regarding medical malpractice claims. Many states have statutes that restrict the time in which you are able to make a claim following an unlawful event. If you fail to file your claim within the timeframe your case will be dismissed by the court.

While each state's laws vary in a small way, most states allow citizens to have a few years to file personal injury claims for personal injury, including those involving medical malpractice. You should seek out a lawyer for cerebral palsy whenever you suspect a medical professional or facility has caused your child's CP.

Kansas for instance allows two years to be passed from the date of the malpractice. Kentucky is one of the states that are more strict when it comes to these kinds of cases. It only allows citizens one year to identify the harm.

Gathering Evidence

Physical and occupational therapy is often needed for patients suffering from cerebral palsy. Parents might have to alter their homes or purchase special equipment, like wheelchairs. These costs are usually expensive, and a lawsuit can aid the family in obtaining compensation to pay these medical bills and improve the quality of life for Cerebral Palsy Lawsuits their child.

A medical negligence case is typically based on whether the doctor's actions and choices fell below the standard care in the circumstances. Your attorney will examine 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 more effective medical treatment.

Your lawyer will also talk with your child's doctors and other health care providers regarding the treatment your child receives, as well as CP symptoms. They will evaluate the evidence and prepare the case for trial. This may include gathering testimony from experts to support your assertions and debunking the defense's arguments.

If the medical experts confirm that your child's CP was caused by negligence on the part of a doctor the lawyer will file a civil complaint with the local court. You may only have a specific amount of time, based on the laws of your state and the court you start a lawsuit. Your attorney will explain to you these rules. Your claim could be dismissed if you fail to file your claim within the deadline.

Case Filing

If a medical error during childbirth, pregnancy or in the first few weeks after birth led to your child to develop cerebral palsy you may be able start a lawsuit and claim compensation for damages. If you win your case, the settlement for cerebral palsy may be enough to cover your family's expenses, including the ongoing treatment and care.

An experienced attorney will review your case to determine if you have a solid legal claim against the medical professionals responsible for your child's injuries. Your lawyer will then gather all the evidence necessary to prove your case. This can include medical records for both parents and cerebral palsy lawsuits witness accounts of the birthing process of your child, as well as other relevant proof. Once the necessary initial evidence has been gathered your attorney will bring your case to court. You will be the plaintiff, and the hospital and doctor that caused your child's injuries will be the defendant.

If the defendant accepts liability, your cerebral palsy lawsuit could be settled in a matter of months. If, however, the defendants disagree on liability or your child's injuries are severe, you might need to go to trial. In the course of trial, your lawyer will present the evidence before a jury or judge who will determine liability and the amount of compensation your child must receive.

Trial

Once your lawyer has all the relevant information after which they will begin making the case. They will send an demand letter to defendants asking them to compensate you and your family for the damages related to the medical negligence. The defendants have a specific time to respond. It is usually about 30 days.

Discovery is the next stage of the legal procedure. Both sides will create documents to prove their side. Your lawyer will work with medical experts and witnesses to gather more evidence for your case. Following this stage the court will typically hold pre-trial meetings to discuss the case and decide if it is ready for trial.

A large number of cases of medical negligence are settled by settlement agreements instead of the trial verdict. It is quicker and less costly for both parties. Your lawyer will be diligent to help you come up with an appropriate settlement amount. This amount must be adjusted to account for the future expenses of your child as well as losses.

Many families of children suffering from CP are relieved by the fact that their medical team has been held accountable for their actions. This can help families reimagine themselves and move forward in confidence. It can also raise awareness for other families who may be going through similar situations.