What NOT To Do In The Cerebral Palsy Litigation Industry

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 will need around $1 million to cover the lifetime medical expenses associated with cerebral palsy.

While every cerebral palsy case is unique, the majority of cerebral palsy lawsuits are the same. An attorney can assess your claim in a free consultation.

Statute of Limitations

Cerebral palsy is a severe condition which can have a lasting impact on children and their families. Children who have cerebral palsy typically suffer from a wide range of medical expenses and can range from treatment to specialized equipment to therapy. In extreme cases, children with cerebral palsy may require round-the clock or part-time care. Compensation can help with the cost.

It is essential to know the laws in your state concerning medical malpractice claims. There are many states with statutes of limitations that place a time limit on the time you can file a claim following an illegal event has occurred. If you miss this deadline the court could dismiss your case.

While each state's laws vary in a small way, most states allow citizens to have a few years to make personal injury claims for personal injury, including those involving medical negligence. If you suspect that the medical professional or facility harmed your child and caused their CP it is imperative to contact a skilled cerebral palsy attorney as soon as you can to ensure that you have enough time to file an injury claim.

For instance The Kansas statute of limitations in a birth injury case allows two years from when the error occurred. Kentucky is a more strict state when it comes to this type of case and allows citizens to be aware of the harm within a year.

Gathering Evidence

Many patients with cerebral palsy need lifelong care, including physical and occupational therapy. Parents may need to alter their homes or purchase special equipment, like wheelchairs. These medical expenses can be costly. A lawsuit may aid the family to receive compensation to pay these bills and improve the quality of life of the child.

A medical malpractice lawsuit is typically dependent on whether a physician's actions or decisions were not in line with the standard of care given the circumstances. Your attorney will examine your child's birth, pregnancy, and early infancy documents and other evidence to determine if the CP symptoms could have been prevented with more effective medical treatment.

Your attorney will also speak to the doctors and other health care professionals regarding your child's treatment as well as CP symptoms. They will analyze the evidence and prepare the case for trial. This may include getting expert testimony in support of your assertions and disproving defense arguments.

If medical experts agree that the CP in your child's case was caused by medical malpractice, your lawyer will file a complaint at your local court. You could only have a certain amount of time, depending on the laws in your state and the court you start a lawsuit. Your attorney will explain these rules to you. Your claim will be dismissed if you fail to file your claim within the deadline.

Case Filing

If a medical error occurs during childbirth, pregnancy or right after birth causes your child's cerebral palsy, you might be able to make a claim and seek compensation for the damages. A successful claim for cerebral palsy settlements could be able to cover the costs of your family which include the ongoing costs of treatment and care.

An experienced attorney will review your case and determine whether you have a legitimate claim against the medical professionals responsible for your child’s injuries. Your lawyer will gather all kinds of evidence to support your claim. This could include scans of images and medical records from both the mother and child, statements from witnesses to the birth of your child, and other evidence. Once the necessary initial evidence has been collected and your lawyer has completed the formal process, you will file your lawsuit in court. You will be the plaintiff, and the hospital or doctor that caused your child's injury will be the defendant.

Your cerebral palsy case may be resolved within a few months when the defendant accepts responsibility. If the defendants deny responsibility or if the injuries suffered by your child were severe, you may need to go to trial. During the trial your attorney will present evidence before a jury or judge who will determine liability and the amount of compensation your child must be awarded.

Trial

When your lawyer has all the relevant information, they can start filing your case. They will send the defendants a demand note asking them to compensate your family and you for damages related to medical negligence. The defendants will have a limited amount of time to respond, usually about 30 days.

Discovery is the next phase of the legal process. Both sides will draft documents to prove their sides. Your attorney will work with medical experts and witness to gather additional evidence for your case. After this stage the court will typically schedule pre-trial conferences to discuss the case and decide if it is ready to go to trial.

Many cases of medical malpractice are settled by settlement agreements instead of the trial verdict. This is a better option for both parties because it is quicker and less costly. Your lawyer will do their best to help you reach a fair settlement figure. This amount will need to be based on your child's expenses over the long term as well as losses.

Many families of children with CP feel secure knowing that their medical personnel was held accountable for their actions. This can help them envision their lives and move forward with confidence. It also helps raise awareness of families that are experiencing similar circumstances.