How to File a Cerebral Palsy Lawsuit

If your child has cerebral palsy, you may be able to file a lawsuit against the hospital or doctor that caused it. Although every case is different however, the majority of cases follow a similar set of steps. An experienced cerebral palsy attorney can handle all aspects of the process for you.

Your claim is valid if medical experts can prove that a doctor's or another medical professional's error directly contributed to your child's brain injury. Damage awards can be substantial.

Damages

Cerebral palsy can be a devastating issue for families, in particular because it requires medical treatment and care that can last for a lifetime. The emotional burden CP can impose on parents can leave them exhausted and financially strapped.

A cerebral palsy lawsuit can pay families for both economic and non-economic damages resulting from the injuries sustained by the child. Economic damages include medical bills as well as future costs for care, cerebral palsy lawsuit and lost wages due to the child's limitations. Non-economic damages include suffering and pain as well as disfigurement mental distress, and loss of enjoyment of life.

The amount of money awarded in a cerebral palsy lawsuit depends on the individual case's damages however, generally speaking, the average cerebral palsy settlement nationwide is approximately $5 million. These figures are determined by our birth injury lawyers' vast experience handling these cases, as well as the results of settlements and verdicts across 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 doctor and hospital involved in the birth of your child. They will also prepare a Life Care Plan, which is an expert-created estimate of your child's future medical requirements.

A reputable lawyer who has nurses who are registered will be able to listen to your story and determine whether your child's injuries were the result of medical negligence during labor and delivery. They will then complete the time-consuming task of collecting evidence and making contact with witnesses. Typically the medical professionals involved will agree to settle outside the courtroom, however if they don't, then the case may go to trial.

Time limit

If you don't meet the deadline to file a lawsuit, the court may dismiss your claim. You should consult an attorney for birth injuries as early as you can know about your rights as well as the deadlines that may apply to your case. The statute of limitation in medical malpractice cases usually is two years. If you represent minor victims, the statute of limitation could be extended to their 20th birthday.

The legal team that you hire will require time to examine the case of your child, and gather documentation and testimonies. This is a crucial stage in the medical negligence lawsuit of your child because it will determine the amount of compensation you can get.

It is recommended to hire an attorney who specializes in cerebral palsy cases. This will make sure they are familiar with the complex issues that arise in this type lawsuit. They'll be able to make a convincing case that maximizes your child's potential for financial recovery.

It is also recommended to find an attorney that is on contingency. This means they don't get paid until they win your case. This can ease the pressure of having to pay for the services of a lawyer and helps build trust between you and your legal team. This also means that your attorney will not accept your claim if he or she doesn't think you have a decent chance of winning.

Find an attorney

Families with children who have been injured by negligence from a medical professional typically have to file lawsuits for cerebral palsy. If your child has cerebral palsy and you suspect it was caused by a mistake made by a doctor You should consult a lawyer as soon as you can. State laws known as statutes or limitations define the time you have to take legal action in these cases.

You should seek out a lawyer who specializes in medical malpractice cases. They have the experience and resources to take on the hospital and physicians involved in your case. They will also be able to review the medical documents of your family, examine the medical procedures that were used during childbirth, and determine if the injuries could have been prevented had those responsible for the birth were more attentive.

Most cerebral palsy lawsuits are settled out of court, and a knowledgeable lawyer can negotiate a settlement that is fair to your family. You should be aware of the caps on compensation however, which could limit the amount you receive.

A person suffering from CP is likely to require ongoing medical treatment and care. This can be expensive, and it is important to seek legal advice as early as possible. A CP lawsuit will help you recover the costs of caring for your child, and also provide an awareness of justice.

Filing a lawsuit

Cerebral palsy is a devastating condition that can affect every aspect of a child's existence. The condition can cause cognitive and physical disabilities that require continual therapy and medical care. A successful legal claim could provide the funds necessary to help a cerebral paralysis child lead a full and happy life.

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

A lawyer can assist you in filing an action against a physician or medical team responsible for the injury of your child. He or she will consult with experts in the field to prove that the mistake of the doctor led to the injuries to your child. Expert witnesses can provide specific evidence of the injury and its long-term effects and the associated costs with the ongoing treatment for your child.

Most cerebral palsy lawsuits are settled more than going to trial, which can be costly and time-consuming. A lawyer can assist you determine which settlement is appropriate for your situation. A lawsuit can help make people aware of this frequent type of medical malpractice. This can aid other families to avoid similar errors in the future.