Cerebral Palsy Lawsuit Settlements

Cerebral palsy lawsuit settlements could help families pay for the cost of treatment and care for their child. A typical family will require up to $1 million in order to cover the lifetime medical expenses related to cerebral palsy.

While every case is unique, most cerebral palsy lawsuits follow the same steps. If you take advantage of a free case analysis An experienced lawyer can determine whether you have a strong claim.

Statute of Limitations

Cerebral dysplasia is a serious condition that can have a long-lasting impact on children and their families. Children with cerebral palsy have numerous medical costs. This could range from therapy to special equipment. In extreme cases, children with cerebral palsy could require round-the-clock or part-time care. Compensation can help pay for the costs.

It is essential to know the laws in your state regarding medical malpractice claims. There are many states with statutes of limitations that set a time limitation on how long you can file a lawsuit after an illegal event has occurred. If you don't file by the deadline, your case will be dismissed by the court.

Although every state's laws differ in a small way, most states allow citizens a few years to claim personal injury compensation that include medical negligence. It is recommended to contact a cerebral palsy lawyer whenever you suspect that a medical professional or a facility has caused your child's CP.

Kansas for instance, allows two years to be passed from the date of the error. Kentucky is one of the stricter states when it comes to these types of cases and only gives citizens one year to identify the harm.

Gathering Evidence

Physical and occupational therapy is often required for people suffering from cerebral palsy. Parents may need to modify their home and purchase special equipment such as wheelchairs. The medical costs can be extremely costly. A lawsuit could aid the family to receive the money needed to pay these costs and make a difference in the life of the child.

A medical malpractice case is typically based on whether or not the doctor's actions and decisions did not meet the standards of treatment in the particular circumstances. Your lawyer will review your child's birth, pregnancy and early infant records as well as other evidence to determine whether the CP symptoms could have been avoided with better medical treatment.

Your lawyer will also talk to the doctors and other health care experts about your child's treatment as well as CP symptoms. They will examine the evidence and prepare the case for trial. This may include getting expert witness testimony in 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 the lawyer will file an action with your local court. You may only have a certain amount of time, depending on the laws in your state to make a claim. Your lawyer will explain these rules to you. If you fail to file your claim within the time limit your claim will be dismissed.

Case Filing

If a medical error occurs during childbirth, pregnancy or shortly after birth results in your child's cerebral palsy, you could be able to bring a lawsuit and cerebral palsy lawyer seek compensation for the damages. If you're successful with your case the settlement for cerebral palsy may be enough to cover the expenses of your family including continuing care and treatment.

An experienced attorney will review your case to determine if you have a strong legal claim against the medical professionals who are responsible for your child's injuries. Your lawyer will then gather all kinds of evidence to prove your claim. This could include scans of images as well as medical records from the mother and the child, statements from witnesses to your child's birthing process, and other relevant evidence. After the required evidence is gathered then your attorney will file your lawsuit in court. You will be named the plaintiff, and the doctor and hospital who caused the injuries suffered by your child will become the defendant.

If the defendant accepts liability the cerebral palsy lawsuit could be settled in a matter months. If the defendants claim they are not responsible or if the injuries suffered by your child were severe, you may require a trial. During the trial your lawyer will present all of the evidence before a judge or jury who will make the verdict that determines the liability of the defendant and a fair amount of compensation for the loss of your child.

Trial

When your lawyer has all the relevant information they can begin filing your case. They will send an demand letter to defendants asking them for compensation for you and your family for the losses resulting from the medical negligence. The defendants have a limited time to respond. In most cases, this is around 30 days.

Discovery is the next step of the legal process. Both sides will prepare documents to show their side. Your lawyer will work with medical experts and witnesses to gather additional evidence for your case. After this phase, a court will schedule an initial trial conference to discuss the case.

Settlement agreements are typically used to settle medical negligence cases instead of the jury verdict. Settlement agreements are quicker and less costly for both parties. Your lawyer will be diligent to help you reach an appropriate settlement amount. The amount you settle for must include the future costs of your child and losses.

Many families of children who have CP are encouraged by the fact that their medical team has been held accountable for their actions. This can help families rethink their lives and move forward with confidence. It also helps to raise awareness for other families who may be facing the same situation.