How to File a Cerebral Palsy Lawsuit

You may be able file an action when your child is suffering from cerebral paralysis. Each case is unique, but most follow the same procedure. A skilled cerebral palsy attorney can handle all aspects of the process for you.

Your claim is valid if medical experts can prove that the error of a doctor or other medical professional directly triggered the brain injury of your child. Damage awards can be substantial.

Damages

Cerebral palsy can be a devastating issue for families, particularly because it requires medical treatment and care that lasts for a lifetime. In addition the emotional burden CP causes parents can leave them burned out and make them struggle financially.

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

The amount of money that is awarded in a cerebral palsy lawsuit depends on the damages in each case but generally speaking, the average cerebral palsy settlement across the nation is around $5 million. These figures are taken from our birth injury lawyers' years of experience handling these cases, and the results of verdicts and settlements throughout the country.

When you file a cerebral palsy lawsuit, your attorney 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 create a Life Care Plan, which is a professional-created estimate of your child's treatment needs.

A reputable lawyer with registered nurses on staff will be able to listen to your story and determine if your child's injuries were caused by medical negligence during labor or delivery. They will then perform the time-consuming task of collecting 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 a deadline to file a lawsuit, and the court rejects your claim. It is recommended that you consult a birth injury attorney as quickly as you can learn about your rights and the deadlines that might apply to your case. Generally, the deadline for medical malpractice cases is two years. If you represent minor victims, the statute of limitation can be extended until their 20th birthday.

The legal team you hire will also require time to examine your child's claim and gather evidence and witness testimony. This is a crucial stage in the medical negligence lawsuit filed by your child because it will determine the amount of compensation you could be awarded.

You'll need to choose an attorney who is specialized in cerebral palsy cases. This will ensure that they're aware of the complexities that arise in this type of lawsuit. They'll be able to create a compelling case that maximizes your child's chance for financial recovery.

In addition, you should seek out an attorney who operates on contingency. This means they don't get paid unless they succeed in your case. This can help reduce the stress of having pay for the services of a lawyer and helps build trust between you and your legal team. It also assures that your lawyer will not consider your claim if he or thinks you don't have a good shot at winning.

Find an attorney

Cerebral palsy lawsuits are typically filed by families whose children were injured due to medical negligence. If you believe that your child's cerebral palsy caused by a mistake made by the doctor, consult a lawyer right away. Statutes of limitations in the state, also known as statutes of limitations dictate how long you are required to initiate legal action in these cases.

Find a lawyer that specializes in medical malpractice. They will have the knowledge and resources to challenge the hospital and the doctors in your case. They will also be able to review the medical records of your family, examine the medical procedures that were used during the birth, and determine whether the injuries could have possibly prevented if the people who were responsible for the birth had been more vigilant.

Most cerebral palsy lawsuits are settled outside of court, and a competent lawyer can negotiate an acceptable settlement to your family. There are compensation caps which could limit the amount you can receive.

A person with CP is likely to require continuous medical treatment and support. It can be costly, so it's important to seek legal advice as soon as is possible. A CP lawsuit could help you recover costs of taking care of your child and can also give you a sense of justice.

Filing a lawsuit

Cerebral Palsy is a devastating disease that affects every aspect of a child's life. The condition can result in cognitive and physical disabilities which require continuous treatment therapies, therapy, and other medical treatment. A successful legal claim could provide the funds necessary to help a cerebral paralysis child live a full, happy life.

Many parents who file cerebral palsy lawsuits seek compensation for medical errors made by doctors or other health professionals during pregnancy and birth. This is referred to as medical malpractice. A cerebral palsy lawyer may look over your case and determine whether you have a valid claim.

A lawyer can help you to file a lawsuit against the medical professional or team responsible for your child's injury. They can consult medical experts to prove that the error of the doctor was responsible for the injury suffered by your child. Expert witnesses will present specific evidence regarding the injury, cerebral Palsy Lawsuit its long-term effects and the cost related to the child's ongoing care.

Most cerebral palsy lawsuits are settled much more than going to trial, which can be costly and time-consuming. An attorney can assist you in determining which settlement method is best for your particular situation. A lawsuit can help you make people aware of this frequent type of medical negligence. This could aid other families to avoid similar mistakes in the future.