How to File a Cerebral Palsy Lawsuit

If your child has cerebral palsy, you might be able to file a lawsuit against the hospital or doctor responsible for the condition. Every case is different however, most follow the same process. A knowledgeable attorney with experience in cerebral palsy can manage all aspects of the process for you.

Your claim will be considered valid if medical experts can prove that a doctor or other medical professional's mistake directly contributed to the brain injury of your child. Damage awards can be significant.

Damages

Cerebral Palsy is a major issue for families, particularly because it requires medical treatment and care that lasts for a lifetime. The emotional toll CP can impose on parents can cause them to be exhausted and financially strapped.

In a cerebral-palsy case, families can be compensated for both economic and other damages. Economic damages can include medical expenses and future care costs and lost wages due to the child's limitations. Non-economic damages include suffering and pain, disfigurement, mental anguish, and loss of enjoyment life.

The amount of money awarded for a cerebral palsy lawsuit depends on the damages in the case. However, the typical cerebral Palsy settlement is about $5 million. These figures are based on the experience of our birth injury lawyers dealing with these cases and the results from settlements and jury verdicts throughout the country.

When you file a cerebral palsy lawsuit your lawyer will gather all kinds of documentation to demonstrate that your child's medical injuries were caused by the hospital and doctor involved in the birth of your child. They will also develop a Life Care Plan, which is an expert-created estimate of your child's future treatment needs.

A reputable lawyer with registered nurses on staff will be capable of listening to your story and determine if your child's injuries were caused by medical carelessness during labor and delivery. Then, they'll do the tedious work of gathering evidence and contacting witnesses. Most medical professionals will agree to a settlement outside of court. If they don't, the case may be tried in court.

Time limit

If you fail to meet a deadline to file a lawsuit, if the court decides to dismiss your case. You should consult an attorney who handles birth injuries immediately to understand your rights and the deadlines imposed by law in your case. In general, the time limit for medical malpractice cases is two years. If you represent a minor victim of medical negligence, then the statute of limitations can be extended to their 20th birthday.

The legal team you select will also require time to look over your child's case and collect documentation and witness testimonies. This is a crucial stage in the medical negligence lawsuit filed by your child because it determines the amount of compensation you will receive.

You should choose an attorney who specializes in cerebral paralysis cases. This will ensure that they're familiar with the complicated issues that arise in this type of lawsuit. They will be able build a strong argument that maximizes the financial potential of your child.

It is also recommended to find an attorney that is on contingency. This means that they won't get paid until they win your case. This reduces the stress associated with paying for attorney's services, and foster trust between your legal team and you. It also ensures your attorney will not consider your claim if they don't believe you have a decent chance of winning.

Finding an attorney

Cerebral palsy lawsuits are often filed by families whose children have been injured because of negligence by a medical professional. If you suspect that your child's cerebral palsy caused by a mistake made by a doctor, you should consult a lawyer right away. The statute of limitations is a law of the state that determines the time you can pursue legal action.

Find a lawyer who specializes in medical malpractice. They have the expertise and resources to defend the hospital and the doctors in your case. In addition they will be able to look over your medical records and review the medical procedures that were used during labor and delivery and determine if the injuries could have been prevented should the people responsible for your child's birth were more attentive.

Most cerebral palsy cases can be resolved outside of court by a skilled attorney who can negotiate a fair settlement for you and your family. There are limits on compensation that can limit what you can be awarded.

A person with CP is likely to require ongoing medical treatment and care. It can be expensive so it's essential to seek legal advice as soon a possible. A CP lawsuit will assist you in recovering the expenses associated with taking care of your child, and also give you a sense of justice.

Filing a lawsuit

Cerebral Palsy is a debilitating condition that can impact every aspect of a child's life. The condition can lead to cognitive and physical disabilities that require continual treatment therapies, therapy, and other medical care. A successful legal case can provide the funds needed to help a child who has cerebral palsy live a full and happy life.

Parents who file lawsuits for cerebral palsy often seek compensation for medical mistakes made during pregnancy or birth by doctors or other health-care providers. Medical malpractice is the term used to describe this. A cerebral palsy lawyer can look over your case and determine if you have an appropriate claim.

A lawyer can help you make a claim against the medical professional or team that caused your child's injury. The lawyer may consult medical experts to establish that the error of the doctor that caused the injuries your child sustained. These expert witnesses can provide detailed evidence of the injury and its long-term consequences and the associated costs with the ongoing treatment for your child.

Most cerebral palsy lawsuits are settled more than going to trial, which can be expensive and time-consuming. A lawyer can assist in deciding on the type of settlement that is the most appropriate for your situation. A lawsuit can help raise awareness of this common form of medical negligence. This will help other families avoid similar errors in the future.