Cerebral Palsy Lawsuit Settlements

Settlements for cerebral palsy lawsuits can help families pay for the cost of treatment and care for their child. A typical family will require up to $1 million in order to cover a lifetime 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 case during a no-cost consultation.

Statute of Limitations

Cerebral dysplasia is a serious condition that can leave a lasting impact on children and their families. Children with cerebral palsy attorneys palsy have numerous medical expenses. This could range from therapy to specialized equipment. In the most severe cases, a child with cerebral palsy attorney palsy may require 24/7 or part-time treatment. Compensation can help pay for the costs.

A cerebral palsy claim can be a lengthy legal process and it is essential to be aware of your state's laws regarding medical malpractice claims. A lot of states have statutes that restrict the time in which you are able to bring a lawsuit following an illegal event. 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 however, they all permit citizens to bring personal injury lawsuits, including those relating to medical malpractice. You should seek out an attorney for cerebral palsy as soon as you suspect that a medical professional or a facility has caused your child's CP.

For example For instance, the Kansas statute of limitations in cases involving birth injuries permits two years from the date that the error occurred. Kentucky is one of the states that are more strict in these kinds of cases and only allows citizens one year to determine the damage.

Gathering Evidence

Physical and occupational therapy is typically required for those suffering from cerebral palsy. Parents might have to remodel their homes and purchase special equipment, like wheelchairs. The medical costs could be quite costly. A lawsuit may help the family get the money needed to pay these costs and enhance the quality of life for the child.

A medical negligence case is typically based on whether or not the doctor's actions and choices were in violation of the standard of care in the circumstances. Your attorney will look over your child's medical records since birth to early childhood, pregnancy and even birth to determine if CP symptoms could have been prevented by better medical care.

Your attorney will also talk with your child's doctor and other health professionals about your child's treatment, as well as the CP symptoms. They will go through all evidence and prepare for trial. This may include obtaining expert witness testimony to support your assertions and refuting the defense's arguments.

If medical experts agree that the CP in your child was the result of medical negligence Your lawyer will file a complaint with your local court. Based on the laws of your state and regulations, you may have only a short time to submit a claim. Your attorney will explain to you these rules. If you do not file your claim within the timeframe set by the statute of limitations, your claim will be rejected.

Case Filing

If a medical error during childbirth, pregnancy or in the initial few weeks following birth caused your child to develop cerebral palsy, you could be able to bring a lawsuit and seek compensation for damages. If you're successful with your claim, the settlement for cerebral palsy may pay for all of the expenses of your family which includes ongoing care and treatment.

An experienced attorney can review your case to determine if you have a valid legal claim against the medical professionals responsible for your child's injuries. Your lawyer will then collect all the evidence necessary to prove your claim. This may include imaging scans and medical records of both the mother and the child, accounts from those who witnessed the birth of your child, and other relevant evidence. Your attorney will file your lawsuit once the evidence has been collected. You will be the plaintiff, while the hospital and doctor who caused the injuries to your child will be the defendant.

Your cerebral palsy issue could be resolved within a few months when the defendant accepts responsibility. If the defendants claim they are not responsible or if your child's injuries were severe, you could need to go to trial. During trial your lawyer will present the 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 need, they can start filing your case. They will send an demand letter to defendants asking them to compensate you and your family members for the losses resulting from the medical negligence. The defendants will have a limited amount of time to reply, usually about 30 days.

Discovery is the next stage of the legal process. Both sides will draft documents to prove their side. Your lawyer will work closely with experts and witnesses to gather additional evidence to support your case. After this stage, a court will schedule pre-trial conferences to discuss the case.

A lot of cases of medical malpractice are resolved through settlement agreements rather than the trial verdict. This is preferred by both parties since it's more efficient and less expensive. Your lawyer will do everything to help you reach an acceptable settlement amount. The amount you settle for must consider your child's long-term expenses and losses.

Many families with children who suffer from CP feel secure knowing that their medical team was accountable for their actions. This can help families rethink themselves and move forward in confidence. It also helps raise awareness of families that are experiencing similar circumstances.