Cerebral Palsy Lawsuit Settlements

Settlements for cerebral palsy lawsuits can help families cover the cost of treatment and care for their child. The average family will need up to $1,000,000 in order to cover all medical expenses related to cerebral palsy over a lifetime.

While every cerebral palsy lawsuit is different however, the majority palsy lawsuits are the same. A lawyer can evaluate your case during a no-cost consultation.

Statute of Limitations

Cerebral palsy has a long-lasting impact on children as well as their families. Children with cerebral palsy frequently suffer from a wide range of medical expenses which range from treatment to equipment that is specialized to therapy. In extreme instances, a child diagnosed with cerebral palsy may require 24/7 or part-time treatment. Compensation can help cover the cost.

A cerebral palsy lawsuit could be a complex legal process and it is crucial to know the laws of your state regarding medical malpractice claims. There are many states with statutes of limitations that place a limitation on how long you can file a claim after an illegal event occurs. If you don't file by the deadline the case will be dismissed by the court.

Although the laws in each state differ however, they all permit citizens to bring personal injury lawsuits, including those relating to medical malpractice. If you suspect that an medical professional or a facility harmed your child and resulted in their CP it is crucial to consult a knowledgeable cerebral palsy lawyer as fast as you can in order to ensure that 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 is more strict in this type of case and only permits citizens to identify the harm within one year.

Gathering Evidence

Many patients suffering from cerebral palsy need lifelong care, including physical and occupational therapy. Parents may need to alter their homes or purchase special equipment, like wheelchairs. The medical costs can be costly. A lawsuit could aid the family in obtaining compensation to pay for these expenses and enhance the quality of life for the child.

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

Your attorney will also speak to doctors and other health care professionals regarding your child's treatment as well as CP symptoms. They will analyze the evidence and prepare the case for trial. This may include obtaining expert witness testimony to support your claims, and disproving the defense's arguments.

If medical experts confirm that your child's CP was the result of negligence on the part of a doctor the lawyer will file a civil complaint with the local court. Based on the laws in your state and regulations, you may have an amount of time to submit a claim. Your lawyer will explain these rules to you. If you don't file within the time limit the claim will be dismissed.

Case Filing

When a medical mistake during pregnancy, childbirth or shortly after birth results in your child's cerebral palsy, you might be able to make a claim and seek compensation for damages. If you are successful in your claim the settlement for cerebral palsy could cover all of your family's expenses including continuing care and treatment.

An experienced lawyer will review your case to determine if you have a legitimate legal claim against the medical professionals who are responsible for your child's injuries. Your lawyer will then collect all the relevant documentation to support your claim. This may include imaging scans and medical records from both the mother and child, accounts from those who witnessed your child's birthing process, and other relevant evidence. Your lawyer will file your lawsuit once the initial evidence is gathered. You will be the plaintiff, and the hospital or doctor who caused your child's injury will be the defendant.

Your cerebral palsy case may be resolved within a few months if the defendant accepts the responsibility. If the defendants claim they are not responsible or if your child's injuries were severe, you may require a trial. During trial, your lawyer will present the evidence to a judge or jury who will determine the liability and the amount of compensation your child should receive.

Trial

Once your attorney gathers all the relevant information, they can begin 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 related to medical negligence. The defendants have a specific time to respond. The typical timeframe is around 30 days.

Discovery is the next step of the legal process. Both sides will create documents to support their position. Your lawyer will work with experts in medicine and witnesses to gather additional evidence for your case. Following this the court will set a an initial conference to discuss your case.

Many cases of medical malpractice are settled through settlement agreements rather than a trial verdict. This is a better option for both parties as it is cheaper and quicker. Your lawyer will do everything to help you reach a fair settlement amount. This amount should consider your child's expenses over the long term as well as losses.

Many families of children who have CP are encouraged by the fact that their medical staff is accountable for their actions. This can allow families to rethink their lives and move forward with confidence. It can also raise awareness for other families that may be going through the same thing.