10 Quick Tips About Cerebral Palsy Litigation

Cerebral Palsy Lawsuit Settlements

Settlements for cerebral palsy lawsuits can help families cover the cost of treatment and care for their child. The average family needs more than $1,000,000 to cover all medical costs related to cerebral palsy over the course of an entire lifetime.

While 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 can have an impact that lasts for a long time on children and their families. Children who have cerebral palsy typically have a significant medical bill that range from treatment to equipment that is specialized to therapy. In extreme cases, a child suffering from cerebral palsy may require continuous or even part-time care. Compensation can help with the costs.

It is important to know the laws in your state concerning medical malpractice claims. A lot of states have statutes or limitations that put a limitation on how long you can file a lawsuit after an incident that is illegal occurs. If you don't file by the deadline and file a claim, it will be dismissed by the court.

Although the laws of each state may differ slightly, they all allow citizens to pursue personal injury lawsuits for example, those involving medical malpractice. You should seek out a cerebral palsy lawyer as soon as you suspect a medical professional or facility has caused your child's CP.

Kansas, for example, allows two years to expire from the date of the malpractice. Kentucky is among the states with the most stringent laws in these kinds of cases and only allows citizens one year to determine the damage.

Gathering Evidence

Physical and occupational therapy is usually needed for patients suffering from cerebral palsy. Parents might have to modify their homes and purchase special equipment, such as wheelchairs. These expenses can be very expensive, and a lawsuit can help the family get compensation to pay the medical bills and increase the quality of life for their child.

A medical malpractice claim is typically the result of determining if a doctor's actions or decisions fell short of the standard of care under the circumstances. Your lawyer will review your child's birth, pregnancy and early infancy documents and other evidence to determine if the CP symptoms could have been prevented by more effective medical treatment.

Your attorney will also talk with doctors and other health care professionals about the treatment of your child as well as CP symptoms. They will go through the evidence and prepare for trial. This may include getting expert testimony to support of your assertions and refuting defense arguments.

If medical experts believe that the CP in your child's body was due to medical negligence, your lawyer will file a complaint at the local court. You could be granted a limited amount of time, based on the laws in your state, to make a claim. Your lawyer will explain these rules. If you fail to file your claim within the timeframe set by the statute of limitations your claim will be rejected.

Case Filing

If a medical lapse during pregnancy, childbirth or immediately after birth causes your child's cerebral palsy, you may be able to file a lawsuit and pursue compensation for damages. If you're successful with your claim the settlement for cerebral palsy law firms palsy could pay for all of your family's expenses which includes regular care and treatment.

An experienced lawyer will review your case to determine whether you have a legitimate legal claim against the medical professionals who are responsible for your child's injuries. Your lawyer will then gather all the evidence needed to prove your case. This may include medical records for both the mother and child as well as witness accounts of the birthing process of your child, and other evidence. Your lawyer will file your lawsuit after the initial evidence is gathered. You are the plaintiff and the hospital or doctor that caused the injury to your child will be the defendant.

Your cerebral palsy case could be resolved in a couple of months in the event that the defendant accepts liability. If the defendants deny responsibility or if your child's injuries were serious, you might need to go to trial. During the trial your attorney will present evidence to a judge or jury who will decide liability and the amount of compensation your child must receive.

Trial

Once your attorney has all the information they need they will be able to begin filing your case. They will send the defendants a demand notice in which they are asked to compensate your family and you for damages related to medical negligence. The defendants will have an amount of time to respond, normally approximately 30 days.

The next phase of the legal process is discovery, which is the time when both sides prepare documents and evidence to support their side of the truth. Your lawyer will work with medical experts and witness to gather additional evidence to support your case. After this phase the court will typically organize pre-trial conferences to discuss the case and determine if it is ready to proceed to trial.

Many cases of medical malpractice are settled by settlement agreements instead of the trial verdict. This is preferred by both parties since it is quicker and less costly. Your lawyer will work hard to help you come up with an appropriate settlement amount. This amount must be based on your child's long-term expenses and losses.

Many families of children suffering from CP are relieved by the fact that their medical staff has been held accountable for their actions. This can help families reimagine their lives and move forward with confidence. It also helps to raise awareness for other families that may be facing similar situations.