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Cerebral palsy litigation can help families get compensation for medical bills, home renovations as well as assistive devices, among other expenses. The lawsuit also holds negligent medical professionals accountable.
The lawsuit typically ends in an agreement or trial verdict. Your lawyer will collect evidence from medical experts and witness testimonies to support your claim.
Case Evaluation
Cerebral palsy can cause long-term mental and physical impairments. Medical bills can also be significant, and can amount to tens or hundreds of thousands of dollars. This can cause financial stress for families, especially those who have multiple children with CP. If your child's CP is the result of negligence of a healthcare professional you could be entitled to compensation.
In your free review of your case, your lawyer will examine the medical records of your child and other evidence to determine whether there were instances of medical negligence. This could include imaging scans and records from the doctor and hospital, as well as testimonies of witnesses. If your lawyer has enough evidence to support your claim, they will file suit against the doctor or hospital responsible for your child's injuries.
They will then begin to collect additional evidence to support your claim. This could include medical records as and testimony from family members and doctors who witnessed the birth.
Your lawyer will also draft a life-care planning to estimate the lifetime expenses for your child, such as special education and medical treatments, housing costs, etc. This information is used to determine the amount of settlement. When the parties reach an agreement on an amount to settle that must be approved by a judge. This will ensure that your family receives fair compensation for the care provided to your child.
Case Value
The overall value of a case is a significant factor in any cerebral palsy lawsuit. This includes past and expected future medical expenses, as well as the child's suffering and pain. An attorney can give you an idea of the worth of your case through having a discussion with you and analyzing the particulars of your family's situations.
A skilled cerebral palsy lawyer can help you build an impressive CP case by collecting your child's medical records after which they are analyzed and determining if the doctor breached their duty of care and caused your child's injuries. The lawyer can help you determine if the injuries suffered by your child result from a medical error during birth, like prolonged labor, which resulted in low oxygen levels or a failure on the part of the doctor to treat signs of stress in the fetus like jaundice.
In the majority of cases, a settlement is likely to be reached during the course of a cerebral palsy lawsuit. Depending on the circumstances of your case you and your child may receive a lump sum or periodic payments to cover costs associated with treatment such as housing, schooling and other equipment that is needed to improve the quality of life for your child who suffers from CP. A settlement won't repair the damage caused by a medical mistake, however, it can ease the financial burden and allow you to focus more on your child.
Contingency Agreement
Children born with cerebral palsy usually require millions of dollars in medical treatment and adaptive equipment over the duration of their lives. If the negligence of healthcare professionals during labor and delivery is the cause of your child's cerebral palsy, you may be entitled to a significant settlement that will help offset future medical expenses and compensate your child for their pain and suffering.
A certified cerebral palsy lawyer will work closely with your family members to establish a solid attorney-client relationship. They will gather important evidence, such as electronic fetal monitoring records, expert testimony, and other medical evidence, to determine whether the injuries resulted from medical negligence. They will file a claim on your behalf and represent you in the court.
A good CP attorney will also pay all expenses outside of pocket to ensure a positive outcome. These costs include filing fees, court reporting fees and medical records fees. They also include courier fees and travel expenses. Some firms, such as WEIERLAW include these costs in their contingency fees while others do not.
There are no two cases that are identical, and nobody can predict whether a lawsuit will be successful. However, the experience of your lawyer in handling similar cases can help them evaluate the strength and cerebral Palsy lawyer legitimacy of your claim. They'll explain the nuances of contingency arrangements so that you don't have to risk your own money to pursue a claim.
Statute of Limitations
The first thing you think of is to find the most effective treatment and care for your child. Making more appointments with a doctor as well as locating additional specialists and changing your work schedule might be top on your list. Reaching out to a cerebral palsy lawyer may be the last thing on your list. If you put off to make a birth injury claim related to your child's CP and the time limit could run out.
The statute of limitation for each state varies, but most give citizens a couple of years to file personal injury claims. This includes medical malpractice suits involving cerebral palsy law firms Palsy that is caused by the negligence of doctors and other health professionals.
You and your Kansas City cerebral palsy lawyer (more info here) will have to prove in order to prevail in the medical malpractice claim against the healthcare professional who is responsible for your child's CP that the doctor failed to meet the reasonable standards. This means that the doctor acted in a way that an equivalently skilled, reasonable and competent healthcare professional would not have done in similar circumstances.
You can claim damages to cover your child's immediate as well as future financial needs if your child's CP is the result of medical negligence. These can include the costs of treatment, as well as assistive equipment, and housing expenses. Damages could also include the projected loss of future earnings if your child is unable to work due to their CP.
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