Cerebral Palsy Lawsuit Settlements

Settlements from lawsuits involving cerebral palsy can help families pay for the treatment and care of their child. The average family will need more than $1 million to cover a lifetime's worth of medical expenses associated with cerebral palsy.

Each case is different, however The majority of cerebral palsy lawsuits follow similar steps. In a free case review An experienced lawyer will determine if you have a strong claim.

Statute of limitations

Cerebral palsy is a severe condition which can have a lasting impact on children and their families. Children with cerebral palsy frequently suffer from a wide range of medical expenses that range from treatment to specialized equipment to therapy. In severe cases, children with cerebral palsy may need around-the 24-hour or part-time treatment. Compensation can help pay for these expenses.

It is crucial to be aware of the laws in your state concerning medical malpractice claims. A lot of states have statutes or limitations that set a time limitation on how long you can file a claim following an incident that is illegal occurs. If you fail to file your claim within the timeframe your case will be dismissed by the court.

While the laws of each state vary slightly in their laws, all states allow citizens to file personal injury lawsuits, for example, those involving medical malpractice. You should seek out a cerebral palsy lawyer immediately if you suspect that a medical professional or a facility has caused your child's CP.

Kansas for instance allows two years to be passed from the date of the malpractice. Kentucky is one of the states that are more strict in such cases and only gives its citizens one year to determine the damage.

Gathering Evidence

Physical and occupational therapy is usually required for victims of cerebral palsy. Their parents may have modify their homes or purchase special equipment, like wheelchairs. These expenses are often very expensive and a lawsuit may assist the family to receive compensation to pay for these medical expenses and improve their child's quality of life.

A medical malpractice case 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 records, as well as other evidence to determine if the CP symptoms could have been avoided with better medical care.

Your lawyer will also speak to the doctors and other health care professionals about the treatment of your child as well as CP symptoms. They will analyze the evidence and prepare the case for trial. This may include getting expert testimony from witnesses in the defense of your claims as well as contesting defense arguments.

If medical experts confirm that your child's CP was caused by negligence in the medical field the lawyer will file an action in civil court with your local court. Based on the laws of your state you may have a limited amount of time to file an action. Your lawyer will explain these rules to you. Your claim will be deemed to be unfounded if you fail to file within the specified time.

Case Filing

If a medical lapse during childbirth, pregnancy or the moment after birth triggers your child's cerebral palsy, then you may be eligible to bring a lawsuit and seek compensation for damages. If you're successful with your case the settlement for cerebral palsy could cover all of the costs for your family which includes the ongoing treatment and care.

An experienced lawyer will evaluate your case and determine whether you have a valid claim against the medical professionals accountable for your child's injuries. Your lawyer will then collect all evidence to support your claim. This can include medical records for both mother and child, witness reports of the birthing process of your child, and other evidence. Your attorney will file your lawsuit once the initial evidence is collected. You will be named the plaintiff, while the hospital and doctor who caused the injuries to your child will be the defendant.

If the defendant accepts liability, your cerebral palsy lawsuit might be resolved in a matter of months. If the defendants dispute liability, or your child's injuries are severe the case may have to go through a trial. During the trial, your attorney will present evidence before a jury or judge who will decide on liability and the amount of compensation your child must be awarded.

Trial

Once your attorney has all the information they need they can begin filing your case. They will send the defendants a demand notice in which they are asked to compensate your family and you for the damages resulting from medical negligence. The defendants are given a short time to respond. Usually, this is about 30 days.

Discovery is the next stage of the legal process. Both sides will prepare documents to prove their sides. Your attorney will work closely with medical experts and witnesses to gather additional evidence to support your case. After this phase, the court will usually schedule pre-trial conferences to discuss the case and determine whether or not to go to trial.

Settlement agreements are typically utilized to settle medical malpractice cases, rather than a jury verdict. It is faster and less costly for both parties. Your lawyer will be diligent to help you reach an equitable settlement. This amount must take into account the long-term costs of your child as well as losses.

Many families with children who suffer from CP find comfort in knowing that their medical personnel was held accountable for their actions. This can help them rethink their lives and move forward with confidence. It could also help to raise awareness of other families going through similar circumstances.