Cerebral Palsy Lawsuit Settlements

Settlements for cerebral palsy lawsuits can help families pay for the cost of treatment and care for their child. A typical family will require up to $1 million in order to cover their lifetime medical expenses related to cerebral palsy.

Each case is different, however, most cerebral palsy lawsuits follow similar steps. If you take advantage of a free case analysis, an experienced lawyer can determine if you have a strong claim.

Statute of Limitations

Cerebral Palsy is a serious condition that can leave a lasting impact on children and their families. Children with cerebral palsy have many medical expenses. This can include everything from therapy to specialized equipment. In severe cases, children with cerebral palsy might require around-the-clock or part-time assistance. Compensation can help cover the expenses.

A cerebral palsy lawsuit could be a lengthy legal process and it is essential to know the laws of your state regarding medical malpractice claims. A lot of states have statutes that restrict the time that you can bring a claim following an incident that is illegal. If you don't file by the deadline and file a claim, it will be dismissed by the court.

While each state's laws vary in a small way, most states allow citizens a few years to claim personal injury compensation for personal injury, including those involving medical malpractice. It is recommended to contact a lawyer who specializes in cerebral palsy as soon as you suspect that a medical professional or a facility caused your child's CP.

Kansas, for example allows two years to expire from the date of the error. Kentucky is one stricter state when it comes to this type of case and only permits citizens to identify the injury within a year.

Gathering Evidence

Many people with cerebral palsy require ongoing care including occupational and physical therapy. Parents may have to alter their home and purchase special equipment such as wheelchairs. The medical costs can be costly. A lawsuit can aid the family in obtaining compensation to pay for these expenses and make a difference in the life of the child.

A medical malpractice claim is usually the result of determining if a doctor's actions or choices fell below the standard of care given the circumstances. Your lawyer will review your child's birth, Cerebral Palsy Lawsuits pregnancy and early infancy records, as well as other evidence to determine if the CP symptoms could have been prevented by better medical treatment.

Your attorney will also speak to your child's doctors and other health care providers regarding your child's treatment in addition to the CP symptoms. They will analyze all evidence and prepare for trial. This could include the testimony of an expert witness to prove your case and debunking the defense's arguments.

If the medical experts agree that your child's CP was the result of medical negligence, your lawyer will file an administrative complaint in your local court. You could be granted a limited amount of time, based on the laws in your state to start a lawsuit. Your lawyer will explain to you these rules. If you don't file within the timeframe set by the statute of limitations your claim will be thrown out.

Case Filing

When a medical mistake during childbirth, pregnancy or the moment after birth triggers your child's cerebral palsy, you may be eligible to make a claim and seek compensation for the damages. If you are successful in your claim, the settlement for cerebral palsy could be enough to cover your family's costs, including continuing care and treatment.

An experienced attorney will review your case to determine whether you have a solid legal claim against the medical professionals who are responsible for your child's injuries. Your lawyer will then gather every kind of evidence to support your claim. This may include imaging scans and medical records from both the mother and the child, statements from witnesses to your child's birthing process, and other relevant evidence. Your attorney will file your lawsuit after the initial evidence is collected. You will be the plaintiff, and the hospital and doctor that caused the injuries to your child will be the defendant.

Your cerebral palsy lawyers palsy issue could be resolved in a couple of months if the defendant accepts responsibility. If the defendants deny liability or if your child's injuries were severe, you could need to go to trial. During trial, your lawyer will present evidence before a jury or judge who will determine liability and the amount of compensation your child must be awarded.

Trial

Once your lawyer has all the relevant information the attorney can commence filing your case. They will send a demand letter to defendants asking them to compensate your family and you for the damages related to the medical negligence. The defendants have a specific time to respond. In most cases, this is about 30 days.

The next step in the legal process is discovery. This is when both sides prepare documents and evidence to support their side of the story. Your attorney will work closely with experts and witnesses to gather additional evidence for your case. After this stage the court will arrange a an initial trial conference to discuss the case.

Settlement agreements are typically utilized to settle medical malpractice cases, instead of the jury verdict. This is preferable for both parties since it's more efficient and less expensive. Your lawyer will do everything to assist you in determining the most reasonable settlement amount. The amount you settle must be based on the future expenses of your child as well as losses.

Many families of children with CP are reassured knowing that their medical staff was held accountable for their actions. This can help families redefine themselves and move forward in confidence. It can also increase awareness for other families that may be going through similar circumstances.