20 Trailblazers Leading The Way In Cerebral Palsy Litigation

Cerebral Palsy Lawsuit Settlements

Settlements from cerebral palsy lawsuits can help families pay for the treatment and care of their child. The average family will need more than $1 million to cover their lifetime medical expenses associated with cerebral palsy.

Although every case is unique However, the majority of cerebral palsy lawsuits follow the same steps. A lawyer can evaluate your claim during a free consultation.

Statute of Limitations

Cerebral Palsy may have an effect on children for years as well as their families. Children with cerebral palsy usually have a significant medical bill and can range from treatment to equipment that is specialized to therapy. In severe cases, a child suffering from cerebral palsy may require continuous or even part-time care. Compensation can help cover the costs.

A cerebral palsy lawsuit could be a complicated legal procedure, and it is important to know the laws of your state regarding medical malpractice claims. A lot of states have statutes or limitations that place a time limit on the time you can file a claim following an illegal event has occurred. If you miss the deadline and file a claim, it will be dismissed by the court.

Although the laws of each state vary slightly in their laws, all states allow citizens to bring personal injury lawsuits, which include those related to medical malpractice. It is recommended to contact a cerebral palsy lawyer when you suspect a medical expert or a medical facility has caused your child's CP.

For instance, the Kansas statute of limitations in cases of birth injuries allows two years from when the error occurred. Kentucky is among the states with the most stringent laws when it comes to such cases and provides citizens with a year to discover the harm.

Gathering Evidence

Physical and occupational therapy is often needed for patients suffering from cerebral palsy. Parents may need modify their homes or purchase special equipment, such as wheelchairs. These expenses can be very expensive, and a lawsuit can assist the family to receive compensation to cover these medical expenses and improve the quality of life for their child.

A medical malpractice lawsuit is typically the result of determining if a doctor's actions or choices fell below the standard of care under the circumstances. Your attorney will examine the child's medical records from birth, pregnancy and early childhood to determine if CP symptoms could be prevented with better medical treatment.

Your lawyer will also speak to doctors and other health care professionals regarding your child's treatment as well as CP symptoms. They will examine the evidence and prepare for trial. This could include getting expert witness testimony to support your claims and refuting the defense's arguments.

If medical experts are of the opinion that your child's CP was the result of negligence on the part of a doctor and your lawyer files an action in civil court with your local court. Based on the laws in your state you may be given only a short time to make a claim. Your attorney will explain to you these rules. If you don't file within the statute of limitations, your claim will be dismissed.

Case Filing

If a medical error during pregnancy, childbirth or immediately after birth causes your child's cerebral palsy, you might be able to make a claim and seek compensation for damages. A successful claim for a cerebral-palsy settlement could cover your family's expenses that include ongoing medical treatment and costs for care.

A knowledgeable attorney will evaluate your case to determine if you have a legitimate legal claim against the medical professionals accountable for your child's injuries. Your lawyer will then collect all the relevant documentation to support your claim. This could include images and medical records from both the mother and child, reports from those who witnessed your child's birthing process, and other evidence. Your attorney will file your lawsuit once the initial evidence is gathered. You will be the plaintiff and the hospital or doctor that caused the injury to your child will be the defendant.

If the defendant accepts responsibility and you have a cerebral palsy case, it could be settled in a matter months. However, if the defendants contest liability or the injuries sustained by your child are serious and severe, you may need to go through trial. During the trial your lawyer will present evidence to a judge or jury who will determine the liability and the amount of compensation your child must receive.

Trial

Once your attorney gathers all of the necessary information the attorney can commence filing your case. They will send a demand letter to defendants asking them for compensation for your family and you for the losses resulting from the medical negligence. The defendants are given a certain time to respond. The typical timeframe is about 30 days.

Discovery is the next step of the legal procedure. Both sides will prepare documents to show their side. Your attorney will work closely with experts in medicine and witnesses to gather additional evidence to support your case. After this stage the court will set a pre-trial conference to discuss the case.

Settlement agreements are commonly used to settle medical malpractice cases rather than the jury verdict. It is more efficient and less costly for both parties. Your lawyer will do everything possible to help you reach the most reasonable settlement amount. This amount should include the long-term costs of your child as well as losses.

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