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 needs more than $1,000,000 to cover the medical expenses related to cerebral palsy throughout a lifetime.

While every cerebral palsy case is different however, the majority of cerebral palsy lawsuits are similar. When you get a free case evaluation an experienced lawyer will determine if you have a legitimate claim.

Statute of Limitations

Cerebral palsy can have an effect on children for years, as well as their families. Children with cerebral palsy often suffer from a wide range of medical expenses which range from treatment to specialized equipment to therapy. In severe cases, children with cerebral palsy might require around-the-clock or part-time care. Obtaining compensation can help cover these expenses.

It is crucial to be aware of the laws in your state regarding medical malpractice claims. Many states have statutes of limitations that place a restriction on how long you can file a claim after an unconstitutional event occurs. If you fail to meet this deadline, the court will likely dismiss your case.

While the laws of each state differ, they all allow citizens to pursue personal injury lawsuits including those relating to medical malpractice. You should consult an attorney for cerebral palsy as soon as you suspect a medical professional or a facility caused your child's CP.

For example for instance, the Kansas statute of limitations in cases of birth injuries allows two years from the date that the mistake occurred. Kentucky is a more strict state in this kind of situation and only allows citizens to discover the harm within one year.

Gathering Evidence

Physical and occupational therapy is typically required for victims of cerebral palsy. Their parents may have to modify their homes and purchase special equipment, like wheelchairs. These expenses can be very expensive, and a lawsuit can help the family receive the compensation needed to cover the medical bills and increase the quality of life for their child.

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

Your attorney will also speak to your child's doctors as well as other health care professionals regarding your child's treatment as well as the CP symptoms. They will go through the evidence and prepare for trial. This may include getting expert witness testimony to support your claims, and debunking the defense's arguments.

If medical experts believe that the CP in your child was the result of medical malpractice, your lawyer will file a complaint at the local court. You could be granted a limited amount of time, based on the laws of your state to start a lawsuit. Your attorney will explain these rules to you. Your claim will be deemed to be unfounded if you do not submit your claim within the time frame.

Case Filing

If a medical lapse during pregnancy, childbirth or the moment after birth triggers your child's cerebral palsy law firms palsy, then you may be able to bring a lawsuit and seek compensation for damages. If you're successful in your claim the settlement for cerebral palsy may pay for all of your family's costs, including regular care and treatment.

An experienced attorney will review your case to determine whether you have a valid legal claim against the medical professionals responsible for your child's injuries. Your lawyer will then collect all documentation to support your case. This may include imaging scans, medical records from both the mother and child, testimony of witnesses to the child's birth, and other relevant evidence. Once all the evidence needed is gathered then your attorney will submit your lawsuit to the court. You will be the plaintiff and the hospital or doctor that caused your child's injury will be the defendant.

The cerebral palsy situation could be resolved within a few months if the defendant accepts responsibility. If, however, the defendants contest liability or the injuries sustained by your child are serious it could be necessary to go through a trial. During the trial, your lawyer will present all evidence to a judge or jury who will issue an opinion on the liability of the defendant and a fair amount of compensation for the loss of your child.

Trial

When your attorney has all the necessary information they will be able to begin filing your case. They will send the defendants a demand letter asking them to pay your family and yourself for any damages caused by medical negligence. The defendants will be given only a short time to reply, usually within 30 days.

Discovery is the next step of the legal procedure. Both sides will create documents to support their position. Your attorney will work closely with experts in medicine and witnesses to gather additional evidence for your case. After this stage the court will typically convene pre-trial conference meetings to discuss the case and decide whether it is ready to proceed to trial.

A large number of cases of medical negligence are settled through settlement agreements instead of the trial verdict. It is quicker and less expensive for both parties. Your lawyer will work hard to assist you in determining an equitable settlement. The amount you settle for must take into account your child's long-term expenses and losses.

Many families with children who suffer from CP are reassured knowing that their medical personnel was accountable for their actions. This can help families redefine themselves and move forward in confidence. It also helps raise awareness of other families going through similar situations.