Cerebral Palsy Lawsuit Settlements

Settlements for cerebral palsy lawsuits can help families pay for the costs of treatment and care for their child. The average family will need up to $1 million in order to cover a lifetime's worth of medical expenses associated with cerebral palsy law firm palsy.

While every case is unique, most cerebral palsy lawsuits follow the same steps. An attorney can assess your claim during a free consultation.

Statute of Limitations

Cerebral Palsy 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 cases, children with cerebral palsy may require continuous or part-time care. Compensation can help pay for these expenses.

A cerebral palsy lawsuit can be a complex legal process and it is crucial to be aware of your state's laws regarding medical malpractice claims. A lot of states have statutes or limitations that set a time limit on how long you can file a claim after an illegal event has occurred. If you miss the deadline, the court will likely dismiss your claim.

Although the laws of every state may differ slightly however, they all permit citizens to file personal injury lawsuits, including those that relate to medical malpractice. If you suspect that a medical professional or facility caused harm to your child and caused their CP, it is essential to speak with a reputable cerebral palsy lawyer as soon as you can so that you have enough time to file claims.

Kansas, for example permits two years to pass from the date of the error. Kentucky is one of the states that are more strict when it comes to these types of cases and only gives citizens one year to identify the harm.

Gathering Evidence

Many patients with cerebral palsy require care for the rest of their lives which includes occupational and physical therapy. Parents may have to change their home and acquire special equipment such as wheelchairs. These medical expenses could be quite costly. A lawsuit could aid the family in obtaining compensation to cover these expenses and improve the quality of life of the child.

A medical malpractice claim is usually based on whether the doctor's actions did not meet the standards of treatment given the circumstances. Your attorney will review the child's medical records from birth to early childhood, pregnancy and even birth to determine if CP symptoms could have been prevented by better medical care.

Your attorney will also speak with your child's doctor and other health professionals regarding your child's medical treatment as well as CP symptoms. They will evaluate the evidence and prepare the case for trial. This could include obtaining expert testimony to support of your assertions and debunking defense arguments.

If the medical experts confirm that your child's CP was caused by negligence on the part of a doctor Your lawyer will file a civil complaint with your local court. You could be granted a limited amount of time, depending on the laws in your state and the court you file a lawsuit. Your attorney will explain to you these rules. If you don't file within the time limit your claim will be rejected.

Case Filing

If a medical error during pregnancy, childbirth or right after birth causes your child's cerebral palsy, then you may be eligible to make a claim and seek compensation for damages. A successful claim for cerebral palsy settlements could help your family pay for expenses that include ongoing treatment and care costs.

An experienced attorney can review your case to determine if you have a legitimate legal claim against the medical professionals accountable for the injuries your child sustained. Your lawyer will then gather all the relevant documentation to support your claim. This could include images and medical records from both the mother and the child, accounts from witnesses to the birth of your child, and other evidence. After the required evidence is gathered, your attorney will formally bring your case to court. You will be named the plaintiff, while the doctor and hospital that caused the injuries to your child will be the defendant.

Your cerebral palsy case may be resolved within a few months if the defendant accepts responsibility. If the defendants dispute liability or the injuries sustained by your child are serious, you might need to go through trial. During the trial your lawyer will present the evidence to a judge or jury who will decide on liability and the amount of compensation your child must receive.

Trial

Once your lawyer has all the required information the attorney can commence making the case. They will send the defendants a demand letter asking them to compensate your family and yourself for any injuries resulting from medical negligence. The defendants will have an amount of time to reply, usually around 30 days.

Discovery is the next phase of the legal process. Both sides will prepare documents to prove their sides. Your lawyer will collaborate with medical experts and witnesses to gather additional evidence to support your case. Following this stage the court will typically organize pre-trial conferences to discuss the case and decide whether it is ready to proceed to trial.

Settlement agreements are often used to settle medical negligence cases, instead of the jury verdict. Settlement agreements are quicker and more affordable for both parties. Your lawyer will do everything to help you arrive at the most reasonable settlement amount. This amount must take into consideration the future expenses of your child as well as losses.

Many families of children with CP can feel at ease knowing that their medical team was held accountable for their actions. This can allow them to rethink their lives and move forward with confidence. It could also help raise awareness for other families that may be facing similar situations.