Cerebral Palsy Lawsuit Settlements

Settlements for cerebral palsy lawsuits can help families cover 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 cerebral palsy law firm palsy case is unique, the majority palsy lawsuits are the same. A lawyer can evaluate your claim in a free consultation.

Statute of limitations

Cerebral Palsy is a serious condition that can have a long-lasting impact on children and their families. Children with cerebral palsy often have a significant medical bill and can range from treatment to equipment that is specialized to therapy. In the most severe instances, a child diagnosed with cerebral palsy may require 24/7 or part-time treatment. Compensation may help to cover the costs.

A cerebral palsy claim can be a complicated legal procedure and it is essential to know the laws of your state regarding medical malpractice claims. There are many states with statutes of limitations that put a restriction on how long you can file a claim following an unconstitutional event occurs. If you do not file your claim by the deadline your case will be dismissed by the court.

Although the laws in each state may differ slightly, they all allow citizens to file personal injury lawsuits, including those relating to medical malpractice. If you suspect that an medical professional or a facility caused harm to your child and resulted in their CP it is crucial to contact a skilled cerebral palsy lawyer as soon as you can in order to ensure that you have enough time to file an injury claim.

For example The Kansas statute of limitations in a birth injury case allows two years from the date the error occurred. Kentucky is a state that is more stringent in this kind of case and only permits citizens to identify the injury within a year.

Gathering Evidence

Many patients with cerebral palsy need lifelong care that includes occupational and physical therapy. Parents may need to remodel their homes and purchase special equipment, like wheelchairs. These medical expenses can be costly. A lawsuit could aid the family to receive compensation to pay for these expenses and improve the quality of life of the child.

A medical malpractice claim is usually the result of determining if a doctor's actions or decisions were not in line with the standards of care required under the circumstances. Your attorney will scrutinize your child's birth, pregnancy, and early infancy documents and other evidence to determine whether the CP symptoms could have been avoided with better medical care.

Your attorney will also speak to the doctors and other health care professionals regarding your child's treatment as well as CP symptoms. They will examine the evidence and prepare the case for trial. This could include the testimony of an expert witness to support your assertions and disproving the defense's arguments.

If medical experts believe that your child's CP was caused by negligence at the hands of a medical professional Your lawyer will file an action in civil court with the local court. You may only have a limited period of time, based on the laws in your state and the court you file a lawsuit. Your attorney will explain these rules to you. If you don't file within the statute of limitations, your claim will be dismissed.

Case Filing

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

A knowledgeable attorney will evaluate your case to determine whether you have a solid legal claim against the medical professionals responsible for the injuries your child sustained. Your lawyer will then gather all documentation to support your case. This may include medical records for both parents as well as witness accounts of the birth of your child, and other relevant proof. Once the initial evidence is collected, your attorney will formally bring your case to court. You will be the plaintiff while the doctor or hospital that caused your child's injury will be the defendant.

If the defendant accepts liability, your cerebral palsy lawsuit could be settled in a matter of months. If the defendants deny liability or if your child's injuries were severe, you may need to go to trial. During the trial your lawyer will argue all of the evidence in your case before a judge or jury who will issue an opinion on liability and a fair amount of compensation for your child's losses.

Trial

Once your attorney gathers all the information needed the attorney can commence filing your case. They will send a demand letter to the defendants, asking them to compensate you and your family for the harm caused by the medical negligence. The defendants will be given the time to respond, typically within 30 days.

The next step in the legal process is discovery. It is the time when both sides create documents and evidence to prove their side of the story. Your attorney will collaborate with medical experts and witnesses to gather evidence for your case. After this phase the court will typically hold pre-trial meetings to discuss the case and determine whether or not it is appropriate to go to trial.

Settlement agreements are usually utilized to settle medical malpractice cases rather than the jury verdict. This is preferred by both parties since it's quicker and less costly. Your lawyer will do their best to help you come up with a fair settlement figure. The amount you settle must include the future expenses of your child as well as losses.

Many families of children with CP feel secure knowing that their medical staff was held accountable for their actions. This can help families redefine themselves and move forward in confidence. It could also help raise awareness for other families who might be experiencing the same thing.