How to File a Cerebral Palsy Lawsuit

You may be able file an action when your child is suffering from cerebral paralysis. Each case is unique but the majority of cases follow the same steps. A knowledgeable lawyer who is experienced in cerebral-palsy law can take care of every aspect of the process.

Your claim is admissible if medical experts establish that the malpractice of a doctor or other medical professional, directly caused the brain injury in your child. Damage awards can be substantial.

Damages

Cerebral Palsy can be extremely devastating for families, especially since it requires medical treatment and care that lasts a lifetime. In addition, the emotional toll that CP affects parents can cause them to burn out and make them struggle financially.

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

The amount of money awarded for a cerebral palsy case is determined by the severity of the case. However, the typical cerebral palsy settlement is approximately $5 million. These figures are based upon the experience of our birth injury attorneys dealing with these cases and the outcomes of settlements and verdicts of juries across the country.

Your lawyer will collect all the evidence necessary to establish that the doctor or hospital that delivered your child triggered the injuries to your child. They will also create an expert-created Life Care Plan that estimates your child's future needs.

A lawyer who has registered nurses will be able listen to your story to determine if the injuries suffered by your child result from medical negligence during the delivery. Then, they'll perform the tedious work of gathering evidence and making contact with witnesses. Typically the medical experts involved will agree to settle the case outside in court, but in the event that they don't, the case could go to trial.

Time limit

If you fail to meet the deadline for filing a lawsuit, the court may dismiss your claim. You should speak with an attorney who handles birth injuries as soon as you can to find out about your rights and the deadlines that may apply to your case. The statute of limitations in medical malpractice cases typically is two years. If you represent minor victims the statute of limitations could be extended to their 20th birthday.

The legal team you select will also require time to go through your child's claim and gather evidence and witness testimony. This is a crucial stage in your child's medical negligence case because it determines the amount of compensation you can be awarded.

You should work with an attorney that specializes in cerebral palsy cases. This will ensure that they are knowledgeable of the complicated issues that arise in this type lawsuit. They'll be able to construct a strong argument that maximizes the potential for financial recovery of your child.

In addition, you must seek out an attorney who operates on contingency. This means they won't be paid unless you succeed in your case. This reduces the stress associated with paying for an attorney's service, and build trust between your legal team and you. It also assures that your lawyer won't accept your claim if he or she doesn't think you have a chance of winning.

Finding a lawyer

Cerebral palsy cases are often filed by families whose children have been injured as a result of medical negligence. If you believe that your child's cerebral palsy caused by a mistake made by the doctor, consult a lawyer right away. The statute of limitations is a state law that determines the time you have to take legal action.

You should choose an attorney who is specialized in medical malpractice cases. They have the knowledge and resources to fight the hospital and physicians involved in your case. They will also be able to examine the medical records of your family, look into the medical procedures that were used during childbirth, and determine if the injuries could have possibly been avoided if those who were responsible for the birth had been more attentive.

Most cerebral palsy lawsuits are resolved out of court and a competent lawyer can negotiate an acceptable settlement to your family. There are compensation caps that could limit the amount you can get.

A person with CP is likely to require continuous medical treatment and support. It can be expensive and therefore it is important to seek legal advice as soon as possible. A CP lawsuit could help you recover costs of caring for your child, and can also give you an understanding of justice.

Filing a lawsuit

Cerebral palsy can be a devastating condition that can impact every aspect of a child's existence. The condition can lead to physical and cognitive disabilities, which require continuous therapy and medical care. A successful legal claim can help to help a child with cerebral palsy lead a full and fulfilling life.

Many parents who sue for cerebral palsy seek compensation for the medical mistakes made by doctors or other health care professionals during the pregnancy and birth. This is referred to as medical malpractice. A cerebral palsy attorney can analyze your case to determine if you have an appropriate claim.

A lawyer can help you bring a lawsuit against the medical professional or team responsible for your child's injury. He or she may consult medical experts to prove that a error of the doctor was responsible for the injuries your child sustained. Expert witnesses will give precise evidence of the injury along with its long-term impact and the costs for ongoing treatment.

Most cerebral palsy lawsuits are settled rather than going to trial which can be expensive and time-consuming. A lawyer can assist in deciding what settlement is the best option for your specific situation. A lawsuit can also help create awareness about this prevalent kind of medical malpractice. This can help other families avoid similar errors in the future.