Cerebral Palsy Lawsuit Settlements

Settlements for cerebral palsy lawsuits can help families cover the cost of treatment and care for their child. The average family has to pay upwards of $1,000,000 to cover the medical expenses related to cerebral palsy over an entire lifetime.

Although every case is unique, most cerebral palsy lawsuits follow similar steps. A lawyer can review your claim during a free consultation.

Statute of Limitations

Cerebral Palsy is a serious condition that can leave a lasting impact on children and their families. Children with cerebral palsy are subject to lots of medical expenses. This could include everything from therapy to special equipment. In extreme cases, children with cerebral palsy may need around-the clock or part-time care. Compensation can help pay for the costs.

A cerebral palsy claim can be a lengthy legal process and it is crucial to be aware of your state's laws regarding medical malpractice claims. Many states have statutes of limitations that put a limitation on how long you can file a claim following an illegal event has occurred. If you fail to meet the deadline, the court will likely dismiss your case.

While every state's laws differ slightly, most allow citizens to have a few years to file personal injury claims, including those related to medical negligence. You should consult an attorney for cerebral palsy as soon as you suspect a medical professional or a facility caused your child's CP.

Kansas, for example, allows two years to expire from the date of the malpractice. Kentucky is one of the states with the most stringent laws when it comes to these kinds of cases and provides citizens with a year to determine the damage.

Gathering Evidence

Many people with cerebral palsy need lifelong care including occupational and physical therapy. Their parents may have to alter their homes or purchase special equipment, such as wheelchairs. The medical costs could be quite costly. A lawsuit could aid the family to receive compensation to pay for these expenses and improve the child's life.

A medical negligence case is typically based on whether or not the doctor's actions and choices were not in line with the standard of care in the circumstances. Your attorney will examine 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 more effective medical treatment.

Your lawyer will also talk to doctors and other health care professionals about your child's treatment as well as CP symptoms. They will evaluate the evidence and prepare the case for trial. This could include obtaining expert witness testimony to support your claims and debunking the defense's arguments.

If medical experts agree that the CP in your child's body was due to medical malpractice and your lawyer files an action with the local court. You could only have a limited period of time, based on the laws of your state and the court you make a claim. Your attorney will explain to you these rules. Your claim will be dismissed if you do not submit your claim within the time frame.

Case Filing

If a medical lapse during childbirth, pregnancy, or in the first few weeks after birth caused your child to develop cerebral paralysis, you could be able to bring a lawsuit and seek compensation for damages. A successful claim for a cerebral palsy settlement can help your family pay for expenses which include ongoing medical treatment and costs for care.

An experienced attorney will review your case and determine whether you have a valid claim against the medical professionals who are responsible for your child's injuries. Your lawyer will then collect all the evidence needed to prove your case. This could include scans of images as well as medical records from the mother and child, accounts from those who witnessed the child's birth, and other evidence. Once all the evidence needed is collected your attorney will submit your lawsuit to the court. You will be the plaintiff, and the hospital or doctor who caused your child's injury will be the defendant.

Your cerebral palsy issue could be resolved within a few months if the defendant accepts the responsibility. If the defendants disagree on liability or the injuries sustained by your child are serious and severe, you may need to go through a trial. During the trial your lawyer will argue all evidence in your case to a judge or jury who will then render an award determining liability and a fair amount of compensation for the loss of your child.

Trial

Once your attorney has all the information they need they can begin filing your case. They will send a demand letter to the defendants asking them to compensate you and your family for the losses resulting from the medical negligence. The defendants will have the time to respond, usually within 30 days.

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

A large number of cases of medical negligence are settled through settlement agreements instead of a trial verdict. It is more efficient and more affordable for both parties. Your lawyer will do everything possible to help you reach the most reasonable settlement amount. This amount should be based on the cost of your child's future expenses and losses.

Many families of children with CP feel secure knowing that their medical staff was accountable for their actions. This can help families reimagine themselves and move forward with confidence. It can also raise awareness for other families that may be facing the same thing.