Cerebral Palsy Lawsuit Settlements

Settlements for cerebral palsy lawsuits can help families pay for the cost of treatment and care for their child. The average family has to pay upwards of $1,000,000 to cover medical expenses associated with cerebral palsy over the course of a lifetime.

Although every case is unique, most cerebral palsy lawsuits are based on the same steps. During a free case review an experienced lawyer will determine whether you have a strong claim.

Statute of Limitations

Cerebral palsy has an impact that lasts for a long time on children as well as their families. Children who have cerebral palsy attorneys palsy typically suffer from a wide range of medical expenses, ranging from treatment to specialized equipment to therapy. In severe cases, children suffering from cerebral palsy may need around-the clock or part-time care. In some cases, compensation may help to cover these expenses.

It is important to know the laws in your state concerning medical malpractice claims. A lot of states have statutes or limitations that put a limit on how long you can file a lawsuit after an incident that is illegal occurs. If you fail to meet the deadline the court could dismiss your case.

Although the laws in each state vary slightly but they all allow citizens to file personal injury lawsuits, for example, those involving medical malpractice. If you suspect that an individual or a facility caused harm to your child and resulted in the development of CP, it is essential to speak with a reputable cerebral palsy lawyer as quickly as possible to ensure you have enough time to make claims.

Kansas for instance allows two years to expire from the date of the malpractice. Kentucky is one of the states that are more strict when it comes to these types of cases and only allows citizens one year to discover the harm.

Gathering Evidence

Many victims of cerebral palsy require lifelong care which includes occupational and physical therapy. Parents may need to modify their homes and purchase special equipment, like wheelchairs. The medical costs can be very expensive. A lawsuit can aid the family in obtaining compensation to pay for these expenses and improve the quality of life of the child.

A medical malpractice claim is typically based on whether the doctor's actions and decisions did not meet the standards of treatment given the circumstances. Your attorney will examine your child's birth, pregnancy and early infancy records, as well as other evidence to determine if the CP symptoms could have been prevented with better medical care.

Your attorney will also speak to the doctors and other health care professionals about the treatment of your child as well as CP symptoms. They will analyze the evidence and prepare the case for trial. This could include obtaining expert witness testimony in the defense of your claims as well as disproving defense arguments.

If the medical experts believe that your child's CP was caused by negligence on the part of a doctor the lawyer will file a civil complaint with the local court. You may only have a specific period of time, based on the laws of your state, to start a lawsuit. Your attorney will explain these rules to you. Your claim could be dismissed when you fail to submit your claim within the time frame.

Case Filing

If a medical mishap during pregnancy, childbirth, or in the initial few weeks after birth caused your child to develop cerebral palsy law firms paralysis, you may be able bring a lawsuit and seek compensation for damages. A successful claim for a cerebral palsy settlement could help your family pay for expenses that include ongoing care and treatment costs.

A seasoned attorney will review your case and determine whether you have a legitimate claim against the medical professionals who are accountable for your child's injuries. Your lawyer will then collect all the relevant documentation to prove your claim. This may include medical records for both the mother and child witnesses' reports of the birthing process of your child, as well as other relevant proof. Once all the evidence needed has been collected, your attorney will formally file your lawsuit in court. You will become the plaintiff, while the doctor and hospital who caused the injuries to your child will be the defendant.

If the defendant accepts liability the cerebral palsy lawsuit could be settled in a matter of months. If the defendants refuse to accept liability or if your child's injuries were serious, you might be required to go to court. In the course of trial your attorney 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 necessary information, they can start filing your case. They will send the defendants a demand letter in which they are asked to compensate your family and yourself for any damages caused by medical negligence. The defendants will have an amount of time to respond, usually within 30 days.

The next phase of the legal procedure is discovery. This is where both sides create documents and evidence to support their side of the story. Your attorney will work closely with experts in medicine and witnesses to gather additional evidence to support your case. Following this stage, the court will usually convene pre-trial conference meetings to discuss the case and determine whether it is ready for trial.

Settlement agreements are typically used to settle medical malpractice cases instead of a jury verdict. This is preferred by both parties as it is cheaper and quicker. Your lawyer will do their best to reach an equitable settlement. This amount must include your child's expenses over the long term as well as losses.

Many families of children suffering from CP are relieved by the fact that their medical team has been held accountable for their actions. This can help families rethink their lives and move forward with confidence. It could also help raise awareness for other families that might be experiencing the same thing.