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 around $1 million to cover a lifetime's worth of medical expenses associated with cerebral palsy.

Although each case is unique the majority of cerebral palsy lawsuits follow the same steps. An attorney can assess your claim in a free consultation.

Statute of Limitations

Cerebral palsy is a severe condition that can have a long-lasting impact on children and their families. Children who have cerebral palsy typically face a large medical bill that range from treatment to equipment that is specialized to therapy. In severe cases, children suffering from cerebral palsy might require round-the-clock clock or part-time care. The process of obtaining compensation can help cover these costs.

A cerebral palsy lawsuit could be a complicated legal procedure, and it is important to know the laws of your state regarding medical malpractice claims. Many states have laws that limit the time you can make a claim following an unconstitutional event. If you fail to file your claim within the timeframe and file a claim, it will be dismissed by the court.

While each state's laws vary slightly, most allow citizens a few years to claim personal injury for personal injury, including those involving medical malpractice. You should seek out a lawyer who specializes in cerebral palsy whenever you suspect a medical professional or a facility caused your child's CP.

Kansas for instance permits two years to be passed from the date of the error. Kentucky is one of the stricter states when it comes to these kinds of cases. It provides citizens with a year to determine the damage.

Gathering Evidence

Many patients suffering from cerebral palsy need lifelong care, including physical and occupational therapy. Parents might have to alter their homes or purchase special equipment, like wheelchairs. The medical costs can be costly. A lawsuit can assist the family with the money needed to pay these costs and enhance the quality of life for the child.

A medical malpractice case typically based on whether the doctor's actions or decisions were in violation of the standard of treatment in the particular circumstances. Your lawyer will go over your child's records from birth, pregnancy and early childhood to determine whether CP symptoms were preventable with more effective medical care.

Your attorney will also speak with your child's doctors as well as other health care professionals about your child's treatment, as well as CP symptoms. They will review the evidence and prepare the case for trial. This may include getting expert witness testimony in support of your claims and debunking defense arguments.

If medical experts believe that the CP in your child's body was due to medical negligence, cerebral palsy your lawyer will file a complaint at the local court. Based on the laws of your state you may have an amount of time to file a claim. Your lawyer will explain these rules to you. Your claim will be deemed to be unfounded if you fail to submit your claim within the time frame.

Case Filing

If a medical error during childbirth, pregnancy or in the first few weeks after birth caused your child to develop cerebral palsy, you may be eligible to make a claim and seek compensation for damages. If you're successful in your claim the settlement for cerebral palsy could cover all of your family's expenses including the ongoing treatment and care.

An experienced attorney will analyze your case and determine whether you have a valid claim against the medical professionals responsible for the injuries your child sustained. Your lawyer will then collect all documentation to support your case. This can include medical records for both the mother and child and witness accounts of the birth of your child, and other evidence. Once all the evidence needed has been gathered your attorney will present your lawsuit to the court. You will be the plaintiff, while the hospital and doctor that caused your child's injuries will be the defendant.

Your cerebral palsy issue could be settled within a few months if the defendant accepts the responsibility. If the defendants contest liability or the injuries sustained by your child are serious, you might need to go through a trial. During the trial your lawyer will argue all evidence before a judge or jury who will make the verdict that determines the amount of liability and fairness of compensation for your child's losses.

Trial

After your lawyer has gathered all the required information after which they will begin filing your case. They will send an order letter to the defendants, asking them to compensate you and your family for the damages related to the medical negligence. The defendants will be given the time to respond, typically approximately 30 days.

Discovery is the next phase of the legal procedure. Both sides will prepare documents to prove their sides. Your lawyer will collaborate with experts and witnesses to gather additional evidence for your case. After this stage the court will schedule a an initial conference to discuss your case.

Settlement agreements are typically used to settle medical malpractice cases, rather than a jury verdict. Settlement agreements are quicker and less expensive for both parties. Your lawyer will do all they can to assist you in reaching an appropriate settlement amount. The amount you settle for must be adjusted to account for the future expenses of your child as well as losses.

Many families of children suffering from CP are comforted by the fact that their medical team has been held 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 who are in similar situations.