Cerebral Palsy Lawsuit Settlements

Cerebral palsy lawsuit settlements can help families cover the cost of treatment and care for their child. A typical family will require upwards of $1 million to cover a lifetime's worth of medical expenses associated with cerebral palsy.

While every case is unique the majority of cerebral palsy lawsuits are based on the same steps. A lawyer can assess your claim during a free consultation.

Statute of Limitations

Cerebral Palsy may have an impact that lasts for a long time on children, as well as their families. Children suffering from cerebral palsy incur lots of medical costs. This can include everything from therapy to specialized equipment. In severe cases, children with cerebral palsy may require round-the all-hours or cerebral palsy part-time assistance. Compensation can help with the expenses.

It is crucial to be aware of the laws in your state regarding medical malpractice claims. Many states have statutes that limit the time for which you can make a claim following an illegal event. If you fail to meet this deadline the court is likely to dismiss your claim.

Although the laws in each state differ however, they all permit citizens to file personal injury lawsuits, which include those related to medical malpractice. You should seek out a cerebral palsy lawyer when you suspect that a medical professional or facility has caused your child's CP.

Kansas for instance, allows two years to pass from the date the malpractice. Kentucky is a state that is more stringent when it comes to this kind of situation and only allows citizens to discover the damage within a year.

Gathering Evidence

Many victims of cerebral palsy require care for the rest of their lives that includes occupational and physical therapy. Parents might have to alter their homes or purchase special equipment, like wheelchairs. These medical expenses can be very expensive. A lawsuit could aid the family to receive compensation to pay for these expenses and make a difference in the life of the child.

A medical negligence case is typically based on whether or not the doctor's actions and choices did not meet the standards of treatment in the particular circumstances. Your attorney will review the child's medical records from birth to early childhood, pregnancy and even birth to determine whether CP symptoms could have been prevented by better medical treatment.

Your lawyer will also talk to your child's doctors and other health care professionals regarding your child's medical treatment in addition to the CP symptoms. They will analyze the evidence and prepare for trial. This may include getting expert witness testimony to support your assertions and disproving the defense's arguments.

If medical experts agree that the CP in your child was the result of medical malpractice Your lawyer will file an action with the local court. Depending on your state's laws you may have an amount of time to file a claim. Your attorney will explain these rules to you. Your claim will be dismissed if you fail to file within the time limit.

Case Filing

If a medical mishap during pregnancy, childbirth or the first few weeks after birth led to your child to develop cerebral palsy, you may be able bring a lawsuit and seek compensation for damages. If you're successful with your case, the settlement for cerebral palsy could cover all of your family's expenses, including ongoing care and treatment.

An experienced lawyer will review your case to determine whether you have a strong legal claim against the medical professionals who are responsible for the injuries your child sustained. Your lawyer will then gather all the evidence necessary to prove your case. These could 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 is gathered. You will be the plaintiff, and the hospital or doctor who caused the injury to your child will be the defendant.

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

Trial

When your lawyer has all the information they require they can begin filing your case. They will send the defendants a demand note asking them to pay your family and yourself for any the damages resulting from medical negligence. The defendants have a limited time to respond. It is usually around 30 days.

The next step in the legal process is discovery. This is when both sides will prepare documents and evidence to prove their side of the story. Your lawyer will work with medical experts and witness to gather evidence to support your case. After this stage the court will typically schedule pre-trial conferences to discuss the case and decide whether or not to go to trial.

A large number of cases of medical negligence are resolved through settlement agreements rather than the trial verdict. It is quicker and less expensive for both parties. Your lawyer will be diligent to reach a fair settlement figure. This amount must be based on your child's future expenses and cerebral palsy losses.

Many families with children who suffer from CP can feel at ease knowing that their medical team was 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 circumstances.