Cerebral Palsy Lawsuit Settlements

Settlements from lawsuits involving cerebral palsy can assist families in paying for the treatment and care of their child. A typical family will require around $1 million to cover their lifetime medical expenses related to cerebral palsy.

Although each case is unique 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 law firms Palsy may have an effect on children for years, as well as their families. Children with cerebral palsy have many medical expenses. This can include everything from therapy to special equipment. In severe instances, children with cerebral palsy attorneys palsy may need around-the 24-hour or part-time treatment. Compensation may help to cover the costs.

A cerebral palsy suit can be a complicated legal process, and it is important to be aware of the laws in your state regarding medical malpractice claims. There are many states that have laws that restrict the time in which you are able to bring a lawsuit following an unconstitutional event. If you miss the deadline the court is likely to dismiss your claim.

Although the laws in each state differ in their laws, all states allow citizens to pursue personal injury lawsuits for example, those involving medical malpractice. It is recommended to contact a cerebral palsy lawyer whenever you suspect that a medical professional or facility has 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 that is more strict in this kind of case and allows citizens to be aware of the harm within a year.

Gathering Evidence

Many people with cerebral palsy require care for the rest of their lives that includes occupational and physical therapy. Parents may need to modify their home and acquire special equipment like wheelchairs. The medical costs can be extremely costly. A lawsuit may help the family get compensation to pay for these expenses and make a difference in the life of the child.

A medical malpractice case typically based on the doctor's actions and choices were in violation of the standard of treatment given the circumstances. Your lawyer will go over your child's medical records since birth as well as the time of pregnancy and early childhood to determine whether CP symptoms could have been prevented with better medical treatment.

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

If medical experts confirm that your child's CP was caused by negligence on the part of a doctor the lawyer will file an action in civil court with your local court. According to the laws of your state, you may have the time to submit a claim. Your lawyer will explain these rules to you. If you fail to file your claim within the timeframe of the statute of limitations your claim will be thrown out.

Case Filing

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

A seasoned attorney will review your case and determine if you have a strong claim against the medical professionals accountable for your child's injuries. Your lawyer will then gather all types of documentation to support your claim. This could include medical records for both the mother and child as well as witness reports of the birth of your child, as well as other evidence. Once all the evidence needed is gathered and your lawyer has completed the formal process, you will present your lawsuit to the court. You are the plaintiff and the doctor or hospital that caused the injury to your child will be the defendant.

If the defendant accepts responsibility, your cerebral palsy lawsuit could be settled in a matter of months. If, however, the defendants dispute liability, or the injuries sustained by your child are serious, you might need to go through a trial. During the trial the lawyer will present all of the evidence in your case to a jury or judge who will then render the verdict that determines the liability of the defendant and a fair amount of compensation for your child's losses.

Trial

After your lawyer has gathered all the required information the attorney can commence making the case. They will send an order letter to the defendants requesting that they compensate your family and you for the damages related to the medical negligence. The defendants will have the time to respond, normally around 30 days.

Discovery is the next phase of the legal process. Both sides will prepare documents to prove their side. Your lawyer will collaborate with experts and witnesses to gather additional evidence for your case. After this the court will typically hold pre-trial meetings to discuss the case and determine whether or not to go to trial.

Many cases of medical malpractice are settled through settlement agreements rather than the trial verdict. This is preferred by both parties since it's quicker and less costly. Your lawyer will do everything possible to assist you in reaching a fair settlement amount. This amount should be based on the long-term costs of your child as well as losses.

Many families of children with CP are encouraged by the fact that their medical team is accountable for their actions. This can help families reimagine their lives and move forward with confidence. It could also help raise awareness for other families who may be facing similar situations.