Cerebral Palsy Litigation

Cerebral palsy litigation helps families to receive compensation for medical bills, home improvements as well as assistive devices, among other expenses. The lawsuit also holds negligent medical professionals accountable.

The litigation usually ends with a settlement or trial verdict. Your lawyer will gather medical expert evidence and witness testimony to support your claim.

Case Evaluation

Cerebral Palsy could cause long-term mental and physical impairments. Medical bills can also be substantial and could reach tens, or hundreds of thousands of dollars. This can create financial hardship for families, especially those who have multiple children with CP. If your child's CP is caused by the negligence of a healthcare provider, you may be entitled compensation.

During your complimentary consultation, your lawyer will review your child's medical records and other evidence to determine if there was instances of medical negligence. This could include images scans, doctor and hospital documents, testimony from witnesses, and more. If your lawyer has enough evidence to support your case, they will file a lawsuit against the hospital and/or doctor responsible for your child's injuries.

Then, they'll start collecting more evidence to prove your claim. This could include more medical documents, as well as testimony from family members and doctors who were present at the birth.

Your lawyer will also perform an assessment of the life-care plan for your child's lifetime expenses, including medical treatment and housing, special education and much more. This will be used to determine the settlement amount. If the parties are able to agree on an amount for settlement, it must be approved by the judge. This will ensure that your family receives fair payment for the care given to your child.

Case Value

The overall case value is a key element in any cerebral palsy lawsuit. This includes the past and anticipated future medical expenses as well as the child's suffering and pain. A lawyer can help you get a better idea about the value of your case after discussing the matter with you and looking at the particulars of your family's situation.

An experienced cerebral palsy attorney can assist you in building a strong CP case by gathering your child's medical records after which they are analyzed and determining if the doctor violated their duty of care and caused your child's injuries. The lawyer can also help you determine if your child's injuries were the result of an error in medical care during the birthing process, for example an extended labor that led to low oxygen levels or the failure to treat symptoms of fetal distress such as jaundice.

In most cases, a settlement is reached during a cerebral-palsy lawsuit. Based on the circumstances of your case you and your child could receive a lump-sum payment or regular payments for life-long costs associated with treatment, housing, schooling and the equipment needed to improve the quality of life of your child who suffers from CP. While a settlement will not undo the damage that an error by a doctor has caused, it can reduce financial burden by allowing you to focus on your child's care.

Contingency Agreement

Children born with cerebral palsy are often required to pay millions of dollars in medical treatments and adaptive equipment over the course of their lives. If your child's CP is due to the negligence of healthcare professionals during labor or birth, you may be entitled to a substantial settlement to offset future medical costs and to compensate the pain and suffering of your child.

A cerebral palsy attorney will collaborate closely with you and your family to establish a strong relationship between the attorney and client. They will collect evidence like electronic fetal monitor records as well as expert testimony and other medical evidence to determine if the injuries caused due to medical malpractice. They will file a claim on your behalf and defend you in the court.

In addition to the time spent on your case, a skilled CP lawyer will pay for all necessary out-of-pocket expenses to ensure a successful result. These costs include filing fees and court reporting costs, medical records costs, courier fees and travel expenses. Some companies, like WEIERLAW include these expenses in contingency fee, whereas other firms don't.

Each case is not identical, and nobody can tell for certain whether a lawsuit will be successful. The experience of your lawyer in similar cases will help them assess the strength and viability of your claim. They'll also explain the workings of contingency agreements to ensure that you don't have to risk your own money in order to pursue an action.

Statute of limitations

Your first thought could be to find the most effective treatment and care for your child. Making more appointments with a doctor and locating specialists rearrangement of your work schedule might be top on your list of things to do. A call to a lawyer for cerebral palsy may be the first thing you think of. If you wait too long to file a birth injury lawsuit related to your child's CP The statute of limitations could be lapsed.

The statute of limitations in each state differs, but the majority of states give citizens a couple of years to bring personal injury claims. This includes lawsuits for medical malpractice that involve Cerebral Palsy caused by negligence by physicians and other healthcare workers.

To be able to successfully pursue a medical malpractice claim against the healthcare provider responsible for your child's CP or CP, you and your Kansas City cerebral palsy attorney will need to prove the doctor violated his obligation to provide a reasonable level of care in the particular situation. This means that the doctor performed a task in similar circumstances that a healthcare professional with the same competence, expertise and prudence would not have done.

You may be able to recover damages to cover your child's immediate and future financial needs if your child's CP is the result of medical negligence. These expenses could include treatment, assistive devices, and housing costs. Damages may also include the estimated loss of earnings for your child if they are not able to work due to CP.