Cerebral Palsy Lawsuit Settlements

Cerebral palsy lawsuit settlements can help families pay for the cost of treatment and care for their child. The average family will need up to $1 million in order to cover a lifetime's worth of medical expenses related to cerebral palsy.

While every cerebral palsy lawsuit is unique, the majority palsy lawsuits have a similar. An attorney can assess your claim during a complimentary consultation.

Statute of Limitations

Cerebral palsy can have an effect on children for years and their families. Children who have cerebral palsy typically suffer from a wide range of medical expenses that range from treatment to equipment that is specialized to therapy. In the most severe cases, children with cerebral palsy may require round-the 24/7 or even part-time care. In some cases, compensation may help to cover these expenses.

A cerebral palsy law firm palsy claim can be a lengthy legal process and it is essential to understand your state's laws regarding medical malpractice claims. A lot of states have statutes that restrict the time in which you are able to file a claim after an unlawful event. If you fail to file your claim within the timeframe your case will be dismissed by the court.

While every state's laws differ slightly, many states allow citizens to have a few years to file personal injury claims, including those related to medical malpractice. You should contact a lawyer for cerebral palsy attorneys palsy whenever you suspect a medical expert or a medical facility has caused your child's CP.

For example, the Kansas statute of limitations in cases involving birth injuries permits two years from when the error occurred. Kentucky is one stricter state when it comes to this kind of case and allows citizens to be aware of the harm within a year.

Gathering Evidence

Physical and occupational therapy is often needed for patients suffering from cerebral palsy. Parents may need to remodel their homes and purchase special equipment, like wheelchairs. These costs are usually expensive and a lawsuit may help the family get compensation to pay these medical expenses and improve the quality of life of their child.

A medical malpractice case is usually based on whether the doctor's actions or decisions were not in line with the standard of treatment given the circumstances. Your lawyer will review your child's birth, pregnancy and early infancy documents and other evidence to determine if the CP symptoms could have been avoided with more effective medical treatment.

Your attorney will also speak with the doctors and other health professionals about the treatment of your child as well as CP symptoms. They will evaluate the evidence and prepare the case for trial. This may include gathering testimony from experts to support your claims, and refuting the defense's arguments.

If the medical experts agree that your child's CP was the result of negligence on the part of a doctor Your lawyer will file a civil lawsuit with the local court. Based on the laws of your state and regulations, you may have the time to file a claim. Your lawyer will explain these rules to you. If you do not file your claim within the time limit your claim will be dismissed.

Case Filing

If a medical error during pregnancy, childbirth or the moment after birth triggers your child's cerebral palsy, you could be eligible to file a lawsuit and pursue compensation for damages. If you're successful in your case the settlement for cerebral palsy may pay for all of the expenses of your family as well as continuing care and treatment.

An experienced attorney will review your case to determine whether you have a valid legal claim against the medical professionals accountable for your child's injuries. Your lawyer will then collect all the evidence necessary to prove your claim. These could include scans of your child's brain, medical records from both the mother and the child, reports from witnesses to the child's birth, and other relevant evidence. Once all the evidence needed is gathered and your lawyer has completed the formal process, you will submit your lawsuit to the court. You will be the plaintiff while the doctor or hospital that caused your child's injury will be the defendant.

Your cerebral palsy case could be resolved within a few months if the defendant accepts the responsibility. However, if the defendants disagree on liability or the injuries sustained by your child are serious the case may have to go through a 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 receive.

Trial

When your attorney has all the relevant information, they can start filing your case. They will send the defendants a demand letter asking them to compensate your family and you for the damages resulting from medical negligence. The defendants will have a limited amount of time to respond, usually approximately 30 days.

The next step in the legal process is discovery, which is where both sides prepare documents and evidence to support their side of the truth. Your attorney will work closely with experts and witnesses to gather additional evidence to support your case. Following this stage the court will typically convene pre-trial conference meetings to discuss the case and decide whether it is ready for trial.

Settlement agreements are typically utilized to settle medical malpractice cases instead of the jury verdict. This is preferred by both parties as it is cheaper and quicker. Your lawyer will do everything possible to assist you in reaching an appropriate settlement amount. This amount must be based on your child's future expenses and losses.

Many families with children who suffer from CP are reassured knowing that their medical team was accountable for their actions. This can allow them to rethink their lives and move forward with confidence. It can also increase awareness for other families who may be facing the same thing.