Cerebral Palsy Lawsuit Settlements

Settlements for cerebral palsy lawsuits can aid families in covering the cost of treatment and care for their child. The average family will need at least $1,000,000 to cover medical expenses related to cerebral palsy over the course of the course of.

Although every case is unique the majority of cerebral palsy lawsuits follow similar steps. In a free case review An experienced lawyer will determine if you have a strong claim.

Statute of Limitations

Cerebral Palsy may have an impact that lasts for a long time on children as well as their families. Children with cerebral palsy usually suffer from a wide range of medical expenses and can range from treatment to equipment that is specialized to therapy. In extreme cases, a child with cerebral palsy may require 24/7 or part-time care. In some cases, compensation may help to cover these expenses.

It is important to understand the laws in your state concerning medical malpractice claims. Many states have laws that restrict the time in which you are able to make a claim following an unlawful event. If you miss the deadline and file a claim, it will be dismissed by the court.

Although the laws in each state differ however, they all permit citizens to make personal injury lawsuits, including those relating to medical malpractice. You should seek out a lawyer who specializes in cerebral palsy immediately if you suspect a medical professional or facility has caused your child's CP.

Kansas for instance allows two years to pass from the date the malpractice. Kentucky is one of the states that are more strict in these types of cases and provides citizens with a year to discover the harm.

Gathering Evidence

Many victims of cerebral palsy require lifelong care that includes occupational and physical therapy. Their parents may have to modify their homes and purchase special equipment, such as wheelchairs. These medical expenses can be extremely costly. A lawsuit can aid the family in obtaining the money needed to pay these costs and improve the quality of life of the child.

A medical malpractice lawsuit is typically dependent on whether a physician's actions or decisions fell short of the standards of care required under the circumstances. Your attorney will look over your child's records from birth to early childhood, pregnancy and even birth to determine whether CP symptoms could have been prevented with better medical care.

Your attorney will also talk to the doctors and other health care professionals about your child's treatment as well as CP symptoms. They will examine the evidence and prepare the case for trial. This could include obtaining expert testimony from witnesses in support of your claims and contesting defense arguments.

If medical experts believe that the CP in your child's body was due to medical negligence, your lawyer will file an action in your local court. You may only have a certain period of time, based on the laws in your state to file a lawsuit. Your attorney will explain these rules. If you fail to file your claim within the timeframe set by the statute of limitations, your claim will be dismissed.

Case Filing

If a medical lapse during pregnancy, childbirth or immediately after birth causes your child's cerebral palsy, you may be eligible to bring a lawsuit and seek compensation for the damages. If you are successful in your case the settlement for cerebral palsy may be enough to cover your family's costs including ongoing care and treatment.

An experienced attorney will analyze your case and determine whether you have a legitimate claim against the medical professionals who are responsible for the injuries your child sustained. Your lawyer will then collect all evidence to support your case. This can include medical records for both the mother and child, witness accounts of the birthing process of your child, as well as other relevant proof. Your lawyer will file your lawsuit after the initial evidence is collected. You will become the plaintiff, and the hospital and doctor that caused your child's injuries will become the defendant.

The cerebral palsy situation could be settled within a few months if the defendant accepts the responsibility. If, however, the defendants dispute liability, or the injuries sustained by your child are serious, you might need to go to trial. During the trial the lawyer will present all of the evidence to a judge or jury who will then render the verdict that determines the amount of liability and fairness of compensation for the losses of your child.

Trial

When your lawyer has all the information they require, they can start filing your case. They will send an demand letter to defendants, asking them to compensate you and your family members for the damages related to the medical negligence. The defendants are given a certain time to respond. The typical timeframe is about 30 days.

The next step in the legal process is discovery. This is where both sides prepare documents and evidence to prove their side of the truth. Your lawyer will work with medical experts and witnesses to gather additional evidence to support your case. After this phase the court will set a an initial conference to discuss your case.

Many instances of medical malpractice are settled through settlement agreements instead of the trial verdict. It is quicker and less expensive for both parties. Your lawyer will work diligently to help you reach a fair settlement figure. This amount must include the future expenses of your child as well as losses.

Many families of children with CP can feel at ease knowing that their medical personnel was accountable for their actions. This can allow them to rethink their lives and move forward with confidence. It may also help in raising awareness of other families in similar circumstances.