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 around $1 million to cover their lifetime medical expenses related to cerebral palsy.

Each case is different, however The majority of cerebral palsy lawsuits follow the same steps. An attorney can assess your case during a no-cost consultation.

Statute of limitations

Cerebral palsy can have an effect on children for years, as well as their families. Children who have cerebral palsy face numerous medical expenses. This could range from therapy to specialized equipment. In the most severe instances, children with cerebral palsy lawyers palsy may need around-the 24/7 or even part-time care. In some cases, compensation may help to cover the costs.

A cerebral palsy lawsuit could be a complex legal process and it is essential to know the laws of your state regarding medical malpractice claims. Many states have statutes of limitations that place a time limit on how long you can file a claim after an illegal event occurs. If you do not file your claim by the deadline the case will be dismissed by the court.

Although the laws in each state may differ slightly but they all allow citizens to make personal injury lawsuits, including those relating to medical malpractice. You should contact a cerebral palsy lawyer immediately if you suspect a medical professional or facility has caused your child's CP.

Kansas for instance allows two years to be passed from the date of the malpractice. Kentucky is among the more strict states in these kinds of cases and provides citizens with a year to discover the harm.

Gathering Evidence

Physical and occupational therapy is usually required for those suffering from cerebral palsy. Parents may have to change their home and buy special equipment like wheelchairs. These expenses can be very expensive and a lawsuit may help the family get the compensation needed to cover these medical bills and improve their child's quality of life.

A medical malpractice claim is usually based on whether the doctor's actions or decisions were not in line with the standard of treatment under the circumstances. Your lawyer will go over your child's medical records since birth, pregnancy and early childhood to determine if CP symptoms could be prevented with better medical care.

Your lawyer will also talk to your child's physicians and other health care providers regarding your child's treatment as well as the CP symptoms. They will evaluate the evidence and prepare the case for trial. This could include obtaining expert testimony from witnesses in the defense of your claims as well as disproving defense arguments.

If medical experts agree that the CP in your child was the result of medical malpractice, your lawyer will file a complaint at the local court. You may only have a limited amount of time, based on the laws of your state in order to start a lawsuit. Your lawyer will explain these rules to you. If you do not file your claim within the statute of limitations the claim will be thrown out.

Case Filing

If a medical error occurs during pregnancy, childbirth or right after birth causes your child's cerebral palsy, you may be able to make a claim and seek compensation for the damages. A successful claim for a cerebral palsy settlement can be able to cover the costs of your family that include ongoing treatment and care costs.

An experienced attorney will analyze your case and determine whether you have a solid claim against the medical professionals responsible for your child’s injuries. Your lawyer will then collect all types of documentation to support your claim. These could include scans of your child's brain, medical records from both the mother and the child, testimony from those who witnessed the child's birth, and other relevant evidence. Your lawyer will file your lawsuit after the initial evidence has been 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 may be resolved within a few months when the defendant accepts responsibility. If the defendants claim they are not responsible or if the injuries suffered by your child were severe, you could have to go to trial. During the trial your lawyer will present all of the evidence to a judge or jury who will then render an award determining the amount of liability and fairness of compensation for your child's injuries.

Trial

Once your attorney has all the information they need, 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 the damages resulting from medical negligence. The defendants will be given only a short time to respond, typically around 30 days.

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

A large number of cases of medical negligence are resolved by settlement agreements, rather than the trial verdict. This is preferable for both parties since it is faster and less expensive. Your lawyer will do their best to assist you in determining an acceptable settlement amount. The amount you settle for must be based on the future costs of your child and losses.

Many families of children who have CP are reassured by the fact that their medical staff has been held accountable for their actions. This can help them envision their lives and move forward with confidence. It can also raise awareness for other families that might be experiencing similar situations.