Cerebral Palsy Lawsuit Settlements

Settlements for cerebral palsy lawsuits can help families pay for the costs of treatment and care for their child. The average family has to pay at least $1,000,000 to cover all medical expenses related to cerebral palsy over an entire lifetime.

Although every case is unique, most cerebral palsy lawsuits follow the same steps. A lawyer can review your claim in a free consultation.

Statute of Limitations

Cerebral Palsy is a serious condition which can have a lasting impact on children and their families. Children who have cerebral palsy typically have extensive medical expenses that range from treatment to equipment that is specialized to therapy. In extreme cases, a child with cerebral palsy might require around-the-clock or part-time care. Obtaining compensation can help cover these costs.

It is crucial to be aware of the laws in your state concerning medical malpractice claims. Many states have statutes that limit the time for which you can file a claim after an unconstitutional event. If you don't meet the deadline the court could dismiss your claim.

Although the laws in each state vary slightly but they all allow citizens to make personal injury lawsuits, which include those related to medical malpractice. You should consult a cerebral palsy lawyers palsy lawyer whenever you suspect a medical expert or a medical facility has caused your child's CP.

For instance For instance, the Kansas statute of limitations in cases of birth injuries allows two years from the date the negligence occurred. Kentucky is one of the states that is more strict when it comes to this kind of situation and only permits citizens to identify the harm within a year.

Gathering Evidence

Many patients with cerebral palsy require care for the rest of their lives, including physical and occupational therapy. Parents may have to modify their home and buy special equipment such as wheelchairs. The medical costs can be very expensive. A lawsuit can aid the family to receive compensation to pay these bills and improve the child's life.

A medical malpractice claim is typically the result of determining if a doctor's actions or decisions fell below the standard of care under the circumstances. Your attorney will examine your child's medical records since birth through early childhood, pregnancy, and the beginning of their lives to determine if CP symptoms could have been prevented with better medical treatment.

Your lawyer will also talk with doctors and other health care experts about your child's treatment as well as CP symptoms. They will review the evidence and prepare for trial. This may include getting expert testimony in support of your assertions and contesting defense arguments.

If medical experts agree that the CP in your child was the result of medical negligence and your lawyer files a complaint at the local court. You could only have a limited amount of time, contingent on the laws of your state in order to file a lawsuit. Your lawyer will explain these rules to you. Your claim could be dismissed if you do not submit your claim within the time frame.

Case Filing

If a medical lapse during childbirth, pregnancy or shortly after birth results in your child's cerebral palsy, then you may be able to bring a lawsuit and seek compensation for damages. A successful claim for a cerebral palsy settlement could cover your family's expenses including ongoing care and treatment costs.

An experienced attorney will review your case and determine whether you have a solid claim against medical professionals accountable for your child's injuries. Your lawyer will then collect all the evidence necessary to prove your case. These could include medical records for both the mother and child, witness accounts of the birth of your child, and other evidence. Your attorney will file your lawsuit after the initial evidence is gathered. You will be the plaintiff, while the hospital and doctor who caused your child's injuries will be the defendant.

If the defendant accepts liability, your cerebral palsy lawsuit could be resolved in just a few months. If the defendants claim they are not responsible or if your child's injuries were severe, you may require a trial. During the trial your lawyer will argue all the evidence in your case to a jury or judge who will then render a verdict determining liability and a fair amount of compensation for your child's injuries.

Trial

Once your attorney gathers all the relevant information the attorney can commence making the case. They will send a demand letter to defendants asking them to compensate you and your family for the losses resulting from the medical negligence. The defendants will have a limited amount of time to reply, usually around 30 days.

Discovery is the next step of the legal procedure. Both sides will create documents to prove their side. Your lawyer will work with medical experts and witnesses to gather additional evidence to support your case. Following this, a court will schedule pre-trial conference to discuss the case.

Settlement agreements are typically used to resolve medical malpractice cases, rather than the jury verdict. It is faster and less costly for both parties. Your lawyer will do their best to reach an acceptable settlement amount. This amount will need to include the cost of your child's future expenses and losses.

Many families of children with CP are reassured by the fact that their medical team has been held accountable for their actions. This can help families redefine themselves and move forward in confidence. It could also help to raise awareness of families that are experiencing similar circumstances.