Cerebral Palsy Lawsuit Settlements

Settlements in the case of cerebral palsy lawsuits can help families pay for the costs of treatment and care for their child. The average family has to pay up to $1,000,000 in order to cover medical expenses related to cerebral palsy throughout a lifetime.

Although each case is unique, most cerebral palsy lawsuits are based on the same steps. If you take advantage of a free case analysis, an experienced lawyer can determine if you have a legitimate claim.

Statute of Limitations

Cerebral Palsy is a serious condition that can have a long-lasting impact on children and their families. Children with cerebral palsy frequently face a large medical bill that range from treatment to equipment that is specialized to therapy. In the most severe instances, a child diagnosed with cerebral palsy may require 24/7 or even part-time care. In some cases, compensation may help to cover the costs.

A cerebral palsy lawsuit can be a complex legal process and it is crucial to be aware of your state's laws regarding medical malpractice claims. Many states have statutes of limitations that set a time limit on the time you are allowed to file a claim after an illegal event has occurred. If you miss the deadline, your case will be dismissed by the court.

Although the laws in each state differ, they all allow citizens to bring personal injury lawsuits, including those relating to medical malpractice. You should seek out a cerebral palsy lawyer whenever you suspect a medical professional or a facility caused your child's CP.

Kansas for instance allows two years to pass from the date of the error. Kentucky is one of the states that are more strict in these kinds of cases and provides citizens with a year to find out what caused the harm.

Gathering Evidence

Physical and occupational therapy is often needed for patients suffering from cerebral palsy. Parents may need to modify their home and acquire special equipment like wheelchairs. These medical expenses could be quite costly. A lawsuit could help the family get the money needed to pay these costs and improve the quality of life of the child.

A medical malpractice case is typically based on whether the doctor's actions or decisions did not meet the standards of treatment given the circumstances. Your attorney will look over your child's medical records since birth, pregnancy and early childhood to determine if CP symptoms could have been prevented by better medical treatment.

Your attorney will also speak with your child's doctor as well as other health care professionals regarding your child's medical treatment as well as the CP symptoms. They will analyze the evidence and prepare the case for trial. This could include obtaining expert witness testimony to prove your case and countering the defense's arguments.

If medical experts believe that the CP in your child's body was due to medical negligence the lawyer will file an action with the local court. Depending on your state's laws you may be given only a short time to file a claim. Your attorney will explain to you these rules. Your claim is dismissed if you fail to submit your claim within the time frame.

Case Filing

If a medical error during pregnancy, childbirth or right after birth causes your child's cerebral palsy, then you may be able to bring a lawsuit and seek compensation for the damages. A successful claim for a cerebral-palsy settlement could pay for your family's expenses, including ongoing treatment and care costs.

A seasoned attorney will review your case and determine whether you have a valid claim against medical professionals responsible for the injuries your child sustained. Your lawyer will then gather every kind of evidence to prove your claim. This could include scans of images as well as medical records from the mother and child, testimony from witnesses to the birth of your child, and other evidence. Once all the evidence needed is collected and your lawyer has completed the formal process, you will submit your lawsuit to the court. You will be the plaintiff while the hospital or doctor who caused the injury to your child will be the defendant.

Your cerebral palsy case may be settled within a few months if the defendant accepts responsibility. If the defendants claim they are not responsible or if your child's injuries were serious, you might require a trial. During the trial your lawyer will present all evidence in your case to a jury or judge who will make an award determining liability and a fair amount of compensation for the losses of your child.

Trial

Once your attorney has all the information they need they can begin filing your case. They will send the defendants a demand notice asking them to compensate your family and yourself for any the damages resulting from 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 prepare documents to prove their sides. Your lawyer will work with medical experts and witnesses to gather evidence to support your case. After this stage the court will arrange a pre-trial conferences to discuss the case.

Settlement agreements are usually used to settle medical negligence cases, instead of the jury verdict. It is quicker and less expensive for both parties. Your lawyer will work diligently to help you come up with an acceptable settlement amount. The amount you settle for must include the future expenses of your child as well as losses.

Many families of children with CP are comforted by the fact that their medical staff is accountable for their actions. This can allow families to rethink themselves and move forward in confidence. It could also help to raise awareness of other families who are in similar situations.