How to File a Cerebral Palsy Lawsuit

You might be able to file an action if your child has cerebral paralysis. Every case is different however, most follow the same steps. An experienced cerebral-palsy lawyer can take care of every aspect of the procedure.

Your claim is valid if medical professionals prove that the negligence of a doctor or any other medical professional, directly caused the brain injury in your child. Damage awards can be significant.

Damages

Cerebral Palsy is a major issue for families, particularly since it requires medical treatment and care that lasts for a lifetime. The emotional toll CP can cause parents can leave them exhausted and financially strained.

A cerebral palsy lawsuit can be a way to compensate families for both financial and non-economic damages caused by the child's injuries. Economic damages include medical expenses as well as future costs for care, and lost earnings due to the child's limitations. Non-economic damages include suffering and pain and disfigurement, mental anxiety, and loss of enjoyment of life.

The amount of money that is awarded in a cerebral palsy lawsuit depends on the individual case's damages but generally speaking, the average cerebral palsy settlement nationally is around $5 million. These figures are based on our birth injury lawyers' vast experience handling these cases as well as the results of verdicts and settlements across the country.

When you file a cerebral palsy law firm palsy lawsuit your lawyer will gather all types of written documentation to show that your child's injuries were caused by the doctor and hospital involved in your child's birth. They will also develop a Life Care Plan, which is a professional-created estimate of your child's treatment requirements.

A lawyer who has registered nurses can listen to your story to determine if your child's injuries result from medical negligence during the delivery. They will then do the tedious task of collecting evidence and calling witnesses. Typically the medical experts involved will agree to settle outside the courtroom, however if they do not, the case could be brought to trial.

Time limit

If you do not meet the deadline for filing an action, even if the court rejects your claim. You should speak to an attorney who handles birth injuries as soon as possible to know your rights and the deadlines imposed by law to your situation. Generally speaking, the statute of limitations for medical malpractice cases is two years. If you represent a minor victim, the statute of limitation could be extended to their 20th birthday.

The legal team you hire will need time to review the case of your child and gather evidence and documents. This is among the most important parts of your child's medical malpractice suit, because it determines how much financial compensation you can receive.

It is recommended to work with an attorney who specializes in cerebral paralysis cases. This will ensure they're acquainted with the complexities involved in this type of lawsuit. They'll be able make a convincing case which maximizes the potential of your child for financial recovery.

In addition, you must seek out an attorney who operates on contingency. This means they won't be paid unless you win your case. This helps to reduce the stress of having pay for a lawyer's services and can help foster trust between you and your legal team. It also guarantees that your lawyer will not accept your claim if she doesn't think you have a chance of winning.

Find an attorney

Cerebral palsy cases are often filed by families whose children have been injured due to negligence of a medical professional. If you believe that your child's cerebral palsy was caused by a mistake by a doctor, you should consult a lawyer immediately. State laws, also known as statutes of limitations determine how long you must initiate legal action in these cases.

Find a lawyer that specializes in medical malpractice. They will have the resources and experience to fight the medical staff and hospital in your case. Additionally, they will be able to review your family's medical records, examine the medical procedures used during labor and delivery and determine if the injuries could have been prevented if those who were responsible for your child's birth had been more attentive.

Most cerebral palsy lawsuits are settled out of court, and a seasoned lawyer can negotiate an acceptable settlement to your family. Be aware of compensation caps however, which could limit the amount you can receive.

Typically, a person with CP will require ongoing medical treatment and therapy. This can be costly, and it is important to seek legal advice as early as you can. A CP lawsuit can assist you in recovering the costs related to taking care of your child and will also provide a sense of justice.

Filing a lawsuit

Cerebral Palsy can be a devastating disease that affects every aspect of the child's life. It can cause cognitive and physical disabilities that require continuous treatment in therapy, therapy, or other medical care. A successful legal case could provide the funds necessary to let a cerebral palsy child lead a full and happy life.

Many parents who file cerebral palsy lawsuits seek compensation for the medical errors made by doctors or other health care professionals during the pregnancy and birth. This is referred to as medical malpractice. A cerebral palsy lawyer can analyze your case to determine if you have a valid claim.

A lawyer can assist you make a claim against the medical professional or team that caused the child's injuries. The lawyer may consult medical experts to prove the error of the doctor was responsible for the injury to your child. Expert witnesses will provide specific evidence regarding the injury as well as its long-term effects, and the costs associated with the child's ongoing treatment.

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