How to Make a Cerebral Palsy Legal Claim

Recovering compensation in a cerebral palsy case involves many steps. The aim is to collect financial compensation for your child's suffering and pain as well as the expenses that your family has suffered during the time since their CP diagnosis.

The procedure involves the proof that medical negligence or malpractice was the cause of your child's CP. Your lawyer will review the facts of your case during a complimentary assessment of your case and begin gathering evidence.

Legal Questions

Cerebral palsy causes a wide range of cognitive and physical issues that can lead to lifelong care requirements. It can also lead to rising medical costs, which can be a burden on families' budgets. Fortunately that if your child's cerebral paralysis was caused by medical errors that could have been avoided, you may be eligible for compensation.

A lawyer who has dealt with cerebral palsy cases will be capable of determining whether your child's condition is due to medical negligence and if it's possible to bring a suit. The lawyer can review the details of your child's birth as well as any medical records that are relevant and gather additional evidence such as imaging scans, testimonies from family members and medical professionals.

Once the lawyer has collected enough evidence, they'll send a demand letter to the defendants in your case, asking to pay you and your child for their negligence. If the defendants are unable to accept an agreement, they will face a trial in which they may be found guilty of medical negligence. However, many lawyers recommend settlement outside of court to reduce time and avoid the emotional strain of a trial. A settlement could also help your family to afford treatments sooner. Your lawyer will fight for the best outcome should a trial be required. This could include compensation for your child's past and potential loss of income, pain and suffering and any other damages.

Statute of Limitations

Cerebral Palsy can lead to permanent and life-changing disabilities. It can affect coordination, balance and movement and balance, as well as other problems like secondary musculoskeletal issues speech and hearing, vision and learning. It can also impact the cost of living medical expenses, daily living costs, and the use of specialist equipment.

A claim for compensation can assist with the ongoing and initial costs of treatment, rehabilitation and assistance. A large award can be a significant improvement in the family's life and the future plans. It's not going to change the circumstances or the events that happened to your child, which is why it is important to get legal advice as soon you can.

Each state has a statute which limits the length of time you can make a claim after an incident. The timeframes vary, but it is always best to consult a lawyer early so that your case doesn't lose its way in the course of litigation.

Your Kansas City cerebral palsy lawyer will need to be able to prove, when submitting the malpractice claim, that the action of the healthcare provider fell below what is considered normal or reasonable in their profession. To determine this, the attorney will look at the other healthcare providers who have similar backgrounds and training would have done under the same situation. This is referred to as the standard of care.

Preparing a Lawsuit

When your child is diagnosed with cerebral palsy lawsuit palsy, the devastating consequences of this condition can be overwhelming. Unfortunately, this is especially the case for families who try to cope with the staggering costs of care. Fortunately, it may be possible to get compensation when your child's CP was caused by medical negligence during pregnancy and birth.

A cerebral palsy attorney will review your child's medical records to determine what steps a healthcare professional should have taken to prevent injuries. If it is determined that a healthcare professional's mistake or error led to your child's CP, our attorney will prepare all the necessary documents necessary to start the lawsuit. We will also employ medical experts to look over your child's case.

After a lawsuit has been filed and the defendants have a set amount of time to reply to your complaint. During this time the parties exchange formal requests for evidence or documents such as interrogatories and depositions.

Our legal team understands that it's hard to concentrate on the health and wellbeing of your child when you're struggling to pay for the rising costs of child care. We work on an hourly basis that means you only pay our legal fees if we win you any financial reward.

Filing an action

Cerebral palsy is a non-progressive condition that affects coordination, movement balance, posture and coordination. Treatment for CP may include medication, surgery as well as assistive technology and other treatments. These expenses can quickly add up creating financial strain for families.

A lawyer for cerebral palsy can assist families in obtaining life-changing compensation which can ease stress by paying medical expenses. Compensation from a legal claim can also allow a family to afford to live in a safe home and provide a secure and a happy home for their child.

When you file a lawsuit, your attorney will collect documents to support your case. They could include images of your child and medical records of the mother's pregnancy and delivery, and accounts from witnesses who can testify to the birthing process. Your lawyer will also hire an expert medical professional to review the facts of your case.

After a thorough review the lawyer will file a lawsuit against the healthcare providers who caused the birth injury of your child. This is usually done in a local courthouse. Some cases can be resolved with the form of a settlement agreement, without going to trial. It is often better to avoid the emotional stress that comes from reliving a tragic birth experience, and then hearing the testimony of witnesses at trial. Settlements give families the cash they need faster.