How to File a Cerebral Palsy Lawsuit
If your child suffers from cerebral palsy, you might be able to file a lawsuit against the doctor or hospital that caused it. Every case is different but the majority of cases follow the same steps. An experienced
cerebral palsy attorney will handle every aspect of the process for you.
Your claim will be considered valid if medical experts can prove that a doctor's or another medical professional's negligence directly caused the brain injury of your child. Damage awards can be significant.
Damages
Cerebral Palsy can be a devastating condition for families, particularly since it often requires lifetime medical treatments and care. In addition, the emotional toll that CP is able to take on parents can cause them to burn out and make them struggle financially.
In a cerebral-palsy case, families can be compensated for economic and other damages. Economic damages may include medical costs, future care costs and lost wages due to of the child's limitations. Non-economic damages include suffering and pain and disfigurement, mental distress, and loss of enjoyment of life.
The amount of money awarded in the cerebral palsy lawsuit is contingent on the damages in each case however, generally speaking, the average cerebral palsy settlement nationally is around $5 million. These figures are based on the experience of our birth injury attorneys in handling these cases and the results of settlements and jury verdicts across the nation.
Your attorney will collect all the evidence required to demonstrate that the hospital or doctor that delivered your child triggered the injuries to your child. They will also prepare a Life Care Plan, which is a professional-created estimate of your child's upcoming treatment requirements.
A reputable lawyer with registered nurses on staff will be competent to listen to your story and determine if the injuries suffered by your child were the result of medical negligence during labor and birth. They will then do the tedious work of gathering evidence and making contact with witnesses. Typically the medical experts involved will agree to settle outside in court, but if they don't, then the case could go to trial.
Time limit
If you do not meet a deadline to file a lawsuit, the court dismisses your claim. It is recommended that you consult an attorney for birth injuries as soon as you can to learn about your rights and the deadlines that might apply to your case. The statute of limitation in medical malpractice cases is typically two years. If you represent minor victims, the statute of limitation could be extended to their 20th birthday.
The legal team you select will also require time to review your child's case and collect documentation and witness testimonies. This is one of the most crucial aspects of your child's medical malpractice suit, because it determines how you will get.
It is recommended to work with an attorney who has expertise in cerebral paralysis cases. This will ensure they are well-versed in the complicated issues that arise in this type lawsuit. They'll be able to construct an argument that is strong and maximizes the financial potential of your child.
It is also recommended to find an attorney that is on contingency. This means that they don't get paid unless they succeed in your case. This will ease the burden that comes with paying for attorney's services, and foster trust between your legal team and you. This also means that your attorney will not accept your claim if thinks you don't have a chance of winning.
Finding a lawyer
Children who are injured by negligence from a medical professional typically file lawsuits for cerebral palsy. If you suspect that your child's cerebral palsy caused by a mistake made by doctors, you should seek out a lawyer as soon as possible. Statutes of limitations in the state, also known as statutes of limitations specify the length of time you have to pursue legal action in these cases.
Find a lawyer that specializes in medical malpractice. They have the experience and resources to defend the hospital and doctors involved in your case. In addition, they can review the medical records of your family, look over the medical procedures utilized during labor and delivery, and determine whether the injuries could have been avoided if those who were responsible for your child's birth were more vigilant.
Most cerebral palsy cases are settled outside of court by a knowledgeable lawyer who can negotiate a fair settlement for you and your family. There are caps on compensation which could limit the amount you can receive.
Typically, someone suffering from CP will require ongoing medical attention and therapy. It can be expensive and therefore it is important to seek legal advice as soon as you can. A CP lawsuit will aid in recovering the expenses associated with taking care of your child, and give you a sense that justice has been served.
Filing a lawsuit
Cerebral Palsy is a debilitating disease that impacts every aspect of a child's life. The condition can lead to cognitive and physical disabilities that require continual therapy and medical attention. A successful legal case can help to help a child who has cerebral palsy live a full and happy life.
Parents who file
cerebral palsy lawyers-palsy lawsuits often seek compensation for medical mishaps made during pregnancy or birth by doctors or other health-care providers. This is referred to as medical malpractice. A cerebral palsy lawyer can examine the specifics of your case and determine whether you have an appropriate legal claim.
A lawyer can assist you file a lawsuit against the medical professional or team responsible for your child's injury. The lawyer may consult medical experts to prove the error of the doctor that caused the injury suffered by your child. These expert witnesses will provide specific evidence regarding the injury as well as its long-term effects, and the cost related to the child's ongoing care.
Most cerebral palsy lawsuits settle rather than going to trial, which can be expensive and time-consuming. A lawyer can help decide which type of settlement is best for your particular situation. A lawsuit can also help you make people aware of this frequent type of medical negligence. This will help avoid similar mistakes in the future.