How to File a Cerebral Palsy Lawsuit

You might be able to file a lawsuit in the event that your child suffers from cerebral paralysis. Each case is unique however, most follow the same steps. An experienced cerebral-palsy lawyer can handle every aspect of the process.

Your claim will be considered valid if medical experts can prove that a physician or other medical professional's negligence directly contributed to the brain injury of your child. Damage awards can be significant.

Damages

cerebral palsy law firms Palsy can be devastating for families, especially since it requires medical treatment and care that lasts for a lifetime. In addition the emotional burden that CP affects parents can leave them burned out and make them struggle financially.

In a case of cerebral palsy families can be compensated for both the economic and other damages. Economic damages include medical expenses, future care costs, and lost earnings due to the child's limitations. Non-economic damages include pain and suffering along with disfigurement, mental distress, and loss in enjoyment of life.

The amount of money awarded in a cerebral-palsy lawsuit varies on the damages in each case but generally speaking, the average cerebral palsy settlement across the nation is around $5 million. These figures are based on our birth injury lawyers' years of experience handling these cases, and the outcomes of verdicts and settlements throughout the country.

When you file a cerebral palsy lawsuit your attorney will collect all kinds of written documentation to show that your child's injuries were caused by the hospital and doctor involved in the birth of your child. They will also draft a Life Care Plan, which is a professional-created estimate of your child's future treatment needs.

A lawyer who has registered nurses will be able to listen to your story to determine if the injuries suffered by your child result from medical negligence during the delivery. They'll then take on the time-consuming task of collecting evidence and getting witnesses to speak with them. Typically the medical professionals involved will settle out of in court, but if they don't, the case could go to trial.

Time limit

If you miss the deadline for filing a lawsuit, the court may dismiss your case. It is recommended to consult an attorney who handles birth injuries as soon as possible to know your rights and the deadlines applicable to your case. The statute of limitations for medical malpractice cases usually is two years. If you represent minor victims, the statute of limitation may be extended to their 20th birthday.

The legal team you hire will require time to look over the case of your child as well as gather documentation and testimonies. This is a crucial step in your child's medical negligence lawsuit because it determines the amount of compensation you will receive.

You'll need to choose an attorney who specializes in cerebral palsy cases. This will ensure that they're knowledgeable of the complicated issues that arise in this type of lawsuit. They'll be able to build a strong case that maximizes your child's chances for financial recovery.

Additionally, you should find an attorney who works on contingency. This means that they won't get paid unless you win your case. This helps to reduce the pressure of having to pay for a lawyer's services and also helps to build trust between you and your legal team. It also ensures your attorney will not take your claim if he or they don't believe you have a decent chance of winning.

Find an attorney

Families with children who have been injured as a result of negligence at the medical level often file lawsuits for cerebral palsy. If your child suffers from cerebral palsy and you suspect it was due to a mistake by a doctor it is important to contact a lawyer immediately. State laws, also known as statutes of limitations define the time you have to take legal action in these cases.

You should find an attorney who is specialized in medical malpractice cases. They will have the experience and resources to fight the hospital and physicians involved in your case. They will also be able to examine the medical documents of your family, review the medical procedures that were used during childbirth, and determine whether the injuries could have possibly been avoided had the individuals responsible for the birth had been more vigilant.

Most cerebral palsy lawsuits are settled out of court, and a knowledgeable lawyer can negotiate an agreement that is fair to your family. Be aware of the caps on compensation, however, which may limit the amount you can receive.

Typically, a person with CP will require ongoing medical attention and therapy. This can be costly and it is vital to seek legal advice as early as you can. A CP lawsuit will assist you in recovering costs related to caring for your child and also give you a sense of justice.

Filing a lawsuit

Cerebral Palsy is a debilitating condition that can affect every aspect of a child's existence. The condition can lead to cognitive and physical disabilities, which require continuous therapy and medical attention. A successful legal case could result in the money needed to help a cerebral paralysis child live a healthy, happy life.

Many parents who file cerebral palsy lawsuits seek compensation for the medical errors made by doctors or other health professionals during pregnancy and during birth. Medical malpractice is the term used to describe this. A cerebral palsy lawyer can examine your case to determine if you have a valid claim.

A lawyer can help you file a lawsuit against the medical professional or team responsible for the child's injuries. He or she may consult with medical experts to prove that a error of the doctor that caused your child's injury. Expert witnesses will provide detailed evidence about the injury, its long-term effects and the costs associated with the child's ongoing treatment.

The majority of cerebral palsy lawsuits (read this post here) are settled much more than going to trial which can be costly and time-consuming. A lawyer can help determine which settlement is best for your particular situation. A lawsuit can help increase awareness of this prevalent type of medical negligence. This will help avoid similar mistakes in the future.