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If your child is suffering from cerebral palsy, you may be eligible to file a claim against the hospital or doctor who caused it. Every case is different however, the majority follow the same procedures. An experienced cerebral-palsy lawyer can handle all aspects of the process.
Your claim will be accepted If medical experts can prove that a doctor or other medical professional's error directly contributed to the brain injury of your child. Damage awards can be substantial.
Damages
Cerebral palsy is a devastating problem for families, particularly because it typically requires ongoing medical treatment and care. In addition the emotional burden CP affects parents can cause them to burn out and leave them struggling financially.
A cerebral palsy lawsuit can be a way to compensate families for both financial as well as non-economic damage caused by the injuries sustained by the child. Economic damages may include medical costs and future care costs and lost wages due to the child's limitations. Non-economic losses can include pain and suffering mental anguish, disfigurement and loss of enjoyment of life.
The amount of money awarded for a cerebral palsy lawsuit is contingent on the amount of damage that occurred in the case. However, the typical Cerebral Palsy Attorneys palsy settlement amounts to $5 million. These figures are based on the experience of our birth injury attorneys dealing with these cases and the results of settlements as well as jury verdicts across the country.
When you start a cerebral palsy lawsuit your lawyer will gather all forms of written evidence to prove that your child's medical injuries were caused by the doctor and hospital involved in your child's birth. They will also draft an expert-designed Life Care Plan that estimates the future needs of your child.
A reputable lawyer with nurses who are registered will be able to listen to your story and Cerebral Palsy Attorneys determine whether your child's injuries were the result of medical carelessness during labor and delivery. Then, they will do the tedious job of gathering evidence and getting witnesses to speak with them. Most medical professionals will decide to settle the case outside of court. If they don't the case could go to trial.
Time limit
If you do not meet the deadline to file a lawsuit, the court may dismiss your case. You should speak to an attorney who handles birth injuries in the earliest time possible to understand your rights and the deadlines set by law to your situation. Generally speaking, the time limit for medical malpractice cases is two years. If you're representing a minor victim of medical negligence, then the statute of limitations can be extended to their 20th birthday.
The legal team you select will also need time to look over the case of your child and gather documents and witness testimony. This is among the most important parts of your child's medical malpractice suit as it determines how you will be awarded.
You'll want to work with an attorney that specializes in cerebral palsy cases. This will ensure that they are familiar with the complicated issues that arise in this type of lawsuit. They will be able to construct a strong argument that maximizes your child's chances for financial recovery.
In addition, you must locate an attorney that works on contingency. This means they won't be paid unless you win your case. This can ease the pressure of having to pay for a lawyer's services and can build trust between you and your legal team. Additionally, it ensures that your attorney won't take your claim if they don't believe you'll be a good candidate for winning.
Find a lawyer
Cerebral palsy lawsuits are typically filed by families whose children were injured due to negligence of a medical professional. If your child suffers from cerebral palsy and you believe it was caused by a mistake made by a doctor, you should contact an attorney promptly. Statutes of limitations in the state, also known as statutes of limitations define the time you must pursue legal action in these cases.
It is recommended to find an attorney who is specialized in medical malpractice cases. They will have the knowledge and resources to defend the hospital and the doctors in your case. They will also be able to examine the medical records of your family members, examine the medical procedures which were used during the birth, and determine whether the injuries could have possibly prevented if the people responsible for the birth were more vigilant.
Most cerebral palsy law firm palsy lawsuits can be resolved out of court and a skilled lawyer can negotiate an agreement that is fair to your family. There are certain limits on compensation which could limit the amount you are able to receive.
A person suffering from CP is likely to require regular medical care and treatment. It can be expensive so it's crucial to get legal advice as soon as you can. A CP lawsuit can help you recover the costs of caring for your child, as well as give you the feeling of justice.
Filing a lawsuit
Cerebral Palsy can be an extremely serious condition that affects every aspect of the child's life. The condition can lead to cognitive and physical disabilities, that require continual therapy and medical care. A successful legal case could provide the funds needed to help a child who has cerebral palsy attorneys palsy live a full and fulfilling life.
Many parents who are involved in cerebral palsy lawsuits seek compensation for the medical errors made by doctors or other health care professionals during the pregnancy and birth. Medical malpractice is the term used to describe this. A cerebral palsy lawyer will review your case to determine if you have an appropriate claim.
A lawyer can assist you in filing lawsuits against a doctor or medical team that is responsible for the injuries of your child. He or she may consult medical experts to prove that a error of the doctor that caused the injury to your child. Expert witnesses will present specific evidence regarding the injury, its long-term effects and the cost related to the child's ongoing treatment.
Most cerebral palsy malpractice lawsuits settle through settlements instead of trial, which can be expensive and time-consuming. A lawyer can help you decide which type of settlement is the best option for your situation. A lawsuit can help increase awareness of this prevalent type of medical negligence. This can help avoid similar mistakes from happening again in the future.
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