Cerebral Palsy Lawsuit Settlements

Cerebral palsy lawsuit settlements can aid families in covering the cost of treatment and care for their child. A typical family will require more than $1 million to cover the lifetime medical expenses associated with cerebral palsy.

While every cerebral palsy lawsuit is unique however, the majority of cerebral palsy lawsuits are similar. A lawyer can review your case during a no-cost consultation.

Statute of Limitations

Cerebral palsy is a serious condition that can leave a lasting impact on children and their families. Children who have cerebral palsy typically have extensive medical expenses which range from treatment to specialized equipment to therapy. In the most severe cases, children with cerebral palsy may require round-the all-hours or part-time assistance. Compensation can help with the expenses.

It is crucial to be aware of the laws in your state concerning medical malpractice claims. Many states have statutes that limit the time for which you can file a claim after an incident that is illegal. If you do not file your claim by the deadline and file a claim, it will be dismissed by the court.

While the laws of each state may differ slightly, they all allow citizens to bring personal injury lawsuits, including those that relate to medical malpractice. If you suspect that an medical professional or a facility has injured your child and caused their CP, it is essential to contact an experienced cerebral palsy lawyer as fast as you can to ensure that you have enough time to make an injury claim.

For instance For instance, the Kansas statute of limitations in the case of a birth injury allows two years from the date the malpractice occurred. Kentucky is a more strict state in this kind of situation and only permits citizens to find the injury within a year.

Gathering Evidence

Many people with cerebral palsy require care for the rest of their lives that includes occupational and physical therapy. Parents might have modify their homes or purchase special equipment, such as wheelchairs. The medical costs can be very expensive. A lawsuit can help the family get compensation to pay these bills and improve the quality of life of the child.

A medical malpractice case is usually based on whether a doctor's actions or decisions fell below the standard of care in the circumstances. Your attorney will review your child's medical records since birth through early childhood, pregnancy, and the beginning of their lives to determine if CP symptoms were preventable with better medical treatment.

Your lawyer will also talk with doctors and other health care professionals about the treatment of your child as well as CP symptoms. They will examine the evidence and prepare for trial. This could include obtaining expert testimony to support of your assertions and disproving defense arguments.

If medical experts agree that the CP in your child was caused by medical malpractice, your lawyer will file an action with your local court. You may be granted a limited period of time, based on the laws in your state, to file a lawsuit. Your attorney will explain these rules to you. Your claim will be deemed to be unfounded if you do not submit your claim within the time frame.

Case Filing

If a medical error 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 win your case the settlement for cerebral palsy may cover all of the expenses of your family including continuing care and treatment.

An experienced lawyer will evaluate your case and determine whether you have a legitimate claim against the medical professionals who are responsible for your child’s injuries. Your lawyer will gather all kinds of evidence to support your claim. This may include medical records for both parents as well as witness reports of the birth of your child, as well as other relevant proof. Once all the evidence needed has been gathered, your attorney will formally submit your lawsuit to the court. You will be named the plaintiff, and the doctor and hospital who caused your child's injuries will be the defendant.

If the defendant accepts responsibility and you have a cerebral palsy case, it might be settled in a matter of months. If the defendants contest liability or the injuries sustained by your child are serious, you might need to go through trial. During trial, your attorney will present the evidence to a judge or jury who will decide on liability and the amount of compensation your child should be awarded.

Trial

After your lawyer has gathered all the information needed the attorney can commence filing your case. They will send a demand letter to the defendants requesting that they compensate you and your family for the losses resulting from the medical negligence. The defendants will be given a limited amount of time to respond, normally within 30 days.

Discovery is the next phase of the legal process. Both sides will prepare documents to prove their sides. Your attorney will work with medical experts and witnesses to gather additional evidence for your case. After this stage, the court will usually schedule pre-trial conferences to discuss the case and decide if it is ready to go to trial.

Settlement agreements are usually utilized to settle medical malpractice cases, instead of the jury verdict. This is beneficial for both parties as it is quicker and less costly. Your lawyer will do everything to help you reach an acceptable settlement amount. The amount you settle for must take into account your child's expenses over the long term as well as losses.

Many families of children with CP are reassured knowing that their medical team was held accountable for their actions. This can help them envision their lives and move forward with confidence. It can also raise awareness for other families who might be in the same thing.