Cerebral Palsy Lawsuit Settlements

Cerebral palsy lawsuit settlements can help families cover the cost of treatment and care for their child. The average family will need more than $1 million to cover their lifetime medical expenses relating to cerebral palsy.

Each case is different, however the majority of cerebral palsy lawsuits follow the same steps. When you get a free case evaluation, an experienced lawyer can determine whether you have a legitimate claim.

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 face numerous medical costs. This could range from therapy to specialized equipment. In extreme instances, children with cerebral palsy may require around-the-clock 24/7 or even part-time care. In some cases, compensation may help to cover these expenses.

It is important to understand the laws in your state regarding medical malpractice claims. Many states have statutes of limitations that set a time limit on the time you can file a lawsuit after an incident that is illegal occurs. If you don't file by the deadline the case will be dismissed by the court.

Although the laws in each state differ in their laws, all states allow citizens to pursue personal injury lawsuits which include those related to medical malpractice. It is recommended to contact a cerebral palsy lawyer as soon as you suspect that a medical expert or a medical facility has caused your child's CP.

Kansas, for example permits two years to pass from the date the malpractice. Kentucky is one of the states that is more strict in this type of case and only permits citizens to find the injury within a year.

Gathering Evidence

Physical and occupational therapy is typically needed for patients suffering from cerebral palsy. Parents might have to remodel their homes and purchase special equipment, such as wheelchairs. The medical costs could be quite costly. A lawsuit can aid the family to receive compensation to pay for these expenses and make a difference in the life of the child.

A medical malpractice case usually based on whether the doctor's actions or decisions fell below the standard care in the circumstances. Your attorney will examine the records of your child's birth through early childhood, pregnancy, and the beginning of their lives to determine if CP symptoms could have been prevented with more effective medical care.

Your lawyer will also talk with your child's doctors and other health care professionals regarding the treatment your child receives, in addition to the CP symptoms. They will go through the evidence and prepare for trial. This could include obtaining expert witness testimony in support of your assertions and refuting defense arguments.

If medical experts believe that the CP in your child was caused by medical negligence and your lawyer files a complaint at your local court. You could be granted a limited amount of time, based on the laws of your state, to bring a lawsuit. Your attorney will explain these rules to you. If you fail to file your claim within the timeframe of the statute of limitations, your claim will be rejected.

Case Filing

If a medical error during childbirth, pregnancy or the moment after birth triggers your child's cerebral palsy, you may be able to make a claim and seek compensation for damages. A successful claim for cerebral palsy settlements could pay for your family's expenses, including ongoing care and treatment costs.

An experienced lawyer will review your case to determine if you have a legitimate legal claim against the medical professionals responsible for your child's injuries. Your lawyer will then gather every kind of evidence to prove your claim. This could include scans of images, medical records from both the mother and child, accounts from those who witnessed the birth of your child and other relevant evidence. After the required evidence has been collected and your lawyer has completed the formal process, you will bring your case to court. You will be the plaintiff, and the doctor or hospital that caused your child's injury will be the defendant.

If the defendant accepts responsibility, your cerebral palsy lawsuit might be resolved in just a few months. If the defendants deny responsibility or if your child's injuries were serious, you might be required to go to court. During the trial your lawyer will present all evidence in your case before a judge or jury who will issue the verdict that determines the amount of liability and fairness of compensation for the losses of your child.

Trial

After your lawyer has gathered all of the necessary information after which they will begin filing your case. They will send an order letter to the defendants requesting that they compensate you and your family members for any damages resulting from medical negligence. The defendants will have the time to reply, usually within 30 days.

Discovery is the next step of the legal process. Both sides will prepare documents to show their side. Your lawyer will work closely with medical experts and witnesses to gather additional evidence to support your case. After this stage the court will schedule a an initial trial conference to discuss the case.

Many cases of medical malpractice are settled through settlement agreements rather than the trial verdict. This is beneficial for both parties because it is cheaper and quicker. Your lawyer will do everything possible to help you arrive at a fair settlement amount. This amount must be adjusted to account for your child's future expenses and losses.

Many families of children with CP find comfort in knowing that their medical personnel was held accountable for their actions. This can help them reimagine their lives and move forward with confidence. It can also raise awareness for other families who may be going through the same situation.