Cerebral Palsy Lawsuit Settlements

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

While every cerebral palsy lawsuit is different, the majority palsy lawsuits look similar. An attorney can assess your claim in a free consultation.

Statute of Limitations

Cerebral Palsy can have lasting effects on children and their families. Children with cerebral palsy lawsuits palsy often face a large medical bill which range from treatment to equipment that is specialized to therapy. In extreme cases, children with cerebral palsy might require around-the-clock or even part-time care. The process of obtaining compensation can help cover these costs.

It is crucial to be aware of the laws in your state concerning medical malpractice claims. Many states have statutes of limitations that put a restriction on how long you can file a claim following an illegal event occurs. If you don't file by the deadline and file a claim, it 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 make personal injury claims that include medical negligence. You should seek out a lawyer for cerebral palsy as soon as you suspect a medical professional or a facility caused your child's CP.

For instance The Kansas statute of limitations in the case of a birth injury allows two years from the date the malpractice occurred. Kentucky is one of the more strict states when it comes to such cases and provides citizens with a year to determine the damage.

Gathering Evidence

Physical and occupational therapy is typically required for those suffering from cerebral palsy. Parents may need to modify their home or purchase equipment, such as wheelchairs. The medical costs can be extremely costly. A lawsuit can assist the family with the money needed to pay these costs and enhance the quality of life for the child.

A medical malpractice case is typically based on whether the doctor's actions and choices did not meet the standards of treatment in the particular circumstances. Your lawyer will review your child's birth, pregnancy and early infancy records, as well as other evidence to determine whether the CP symptoms could have been prevented with better medical care.

Your attorney will also speak with doctors and other health care professionals regarding your child's treatment as well as CP symptoms. They will review the evidence and prepare for trial. This may include getting expert witness testimony to support your assertions and debunking the defense's arguments.

If medical experts are of the opinion that your child's CP was the result of negligence at the hands of a medical professional, your lawyer will file a civil complaint with your local court. You could only have a specific period of time, based on the laws of your state in order to file a lawsuit. Your lawyer will explain these rules to you. If you don't file within the timeframe set by the statute of limitations your claim will be rejected.

Case Filing

If a medical error occurs during pregnancy, childbirth or immediately after birth causes your child's cerebral palsy, you may be able to make a claim and seek compensation for damages. If you're successful with your claim the settlement for cerebral palsy may cover all of the expenses of your family as well as the ongoing treatment and care.

An experienced lawyer will evaluate your case and determine whether you have a solid claim against the medical professionals who are responsible for your child’s injuries. Your lawyer will gather all kinds of evidence to support your claim. This may include medical records for both parents and witness accounts of the birth of your child, as well as other evidence. Your attorney will file your lawsuit once the initial evidence has been gathered. You will be the plaintiff, and the doctor and hospital that caused the injuries to your child will be the defendant.

If the defendant accepts liability the cerebral palsy lawyer palsy lawsuit could be settled in a matter of months. If the defendants refuse to accept liability or if the injuries suffered by your child were severe, you may be required to go to court. During the trial your lawyer will argue all the evidence in your case to a judge or jury who will issue a verdict determining the amount of liability and fairness of compensation for the losses of your child.

Trial

After your lawyer has collected all the relevant information and documents, they can start filing your case. They will send the defendants a demand letter in which they are asked to compensate your family and you for damages caused by medical negligence. The defendants will have an amount of time to respond, cerebral palsy lawsuits normally around 30 days.

The next step in the legal procedure is discovery. This is when both sides will prepare documents and evidence to support their side of the truth. Your lawyer will work with medical experts and witness to gather evidence to support your case. After this phase, a court will schedule pre-trial conference to discuss the case.

Settlement agreements are typically utilized to settle medical malpractice cases, rather than a jury verdict. Settlement agreements are quicker and less costly for both parties. Your lawyer will do everything possible to assist you in determining an appropriate settlement amount. This amount should include the future costs of your child and losses.

Many families of children who have CP are comforted by the fact that their medical staff has been held accountable for their actions. This can allow them to rethink their lives and move forward with confidence. It can also help raise awareness of families that are experiencing similar circumstances.