How to File a Cerebral Palsy Lawsuit
If your child is suffering from
cerebral palsy lawyers palsy, you may be able to file a lawsuit against the doctor or hospital who caused it. Although every case is different but most follow a common sequence of steps. An experienced lawyer for cerebral palsy will take care of every aspect of the procedure.
Your claim is valid if medical professionals prove that the error of a doctor, or other medical professional, directly triggered the brain injury suffered by your child. Damage awards can be substantial.
Damages
Cerebral palsy can be a terrible condition for families, particularly since it often requires lifetime medical treatment and care. The emotional toll CP can impose on parents can leave them burned out and financially strapped.
In a cerebral-palsy case families can be compensated for the economic and other damages. Economic damages include medical expenses as well as future costs for care, and lost earnings due to the child's limitations. Non-economic losses can include pain and suffering, disfigurement, mental anguish and loss of enjoyment life.
The amount of money awarded in the cerebral palsy lawsuit is contingent on the specific case's damages however, generally speaking the average cerebral palsy settlement nationwide is approximately $5 million. These figures are based upon the experience of our birth injury lawyers in handling these cases as well as the results from settlements and jury verdicts across the country.
If you start a cerebral palsy lawsuit your lawyer will gather all forms of written evidence to show that your child's medical injuries were caused by the doctor and hospital involved in the birth of your child. They will also create a Life Care Plan, which is a specialized estimate of your child's future treatment requirements.
A reputable lawyer with registered nurses on staff will be competent to listen to your story and determine if your child's injuries were caused by medical carelessness during labor and delivery. They will then complete the tedious task of gathering evidence and making contact with witnesses. Typically the medical experts involved will agree to settle outside from court, however, if they don't, then the case could go to trial.
Time limit
If you do not meet the deadline for filing a lawsuit, and the court rejects your claim. It is recommended to consult a birth injury attorney as soon as you can to find out about your rights and the deadlines that might apply to your case. The statute of limitations in medical malpractice cases is usually two years. If you represent a minor victim the statute of limitations may be extended to their 20th birthday.
The legal team that you hire will need time to review the case of your child as well as gather documentation and testimonies. This step is one of the most important elements of your child's medical malpractice case as it determines how you can be awarded.
It is recommended to hire an attorney who is specialized in cerebral palsy cases. This will make sure they are familiar with the complex issues that arise in this type lawsuit. They will be able build an argument that is strong and maximizes the potential for financial recovery of your child.
It is also recommended to find an attorney that works on contingency. This means they won't be paid unless you are successful in your case. This will ease the burden of paying for attorney's services, and also build trust between your legal team and you. Additionally, it ensures that your lawyer won't pursue your case if they do not think you'll be a good candidate for winning.
Locating a lawyer
Cerebral palsy lawsuits are typically filed by families whose children have been injured due to medical negligence. If your child is suffering from cerebral palsy and you suspect it was caused by a medical error, you should contact a lawyer immediately. State laws known as statutes or limitations specify the length of time you have to take legal action in these cases.
Find a lawyer with a specialization in medical malpractice. They have the experience and resources to take on the medical professionals and hospitals in your case. They can also review the medical records of your family members, review the medical procedures that were used during childbirth, and determine if the injuries could have possibly prevented if the people responsible for the birth been more vigilant.
Most
cerebral palsy lawsuits are settled out of court, and a competent lawyer can negotiate an acceptable settlement to your family. There are compensation caps that could limit the amount you can be awarded.
Typically, a person with CP will require ongoing medical care and therapy. This can be expensive and it is vital to seek legal advice as soon as possible. A CP lawsuit will assist you in recovering expenses related to taking care of your child, and will also provide a sense of justice.
Filing a lawsuit
Cerebral palsy is an incredibly debilitating condition that affects every aspect of a child's life. It can cause cognitive and physical disabilities that require ongoing treatment therapies, therapy, and other medical attention. A successful legal claim could provide the funds necessary to let a cerebral palsy child lead a healthy, happy life.
Many parents who file cerebral palsy lawsuits seek compensation for the medical errors made by doctors or other health care providers during the pregnancy and birth. This is referred to as medical malpractice. A cerebral palsy lawyer may analyze your case to determine if you have an appropriate claim.
A lawyer can help you bring a lawsuit against the medical professional or team responsible for your child's injury. They will also consult with medical experts to establish that the mistake of the doctor led to your child's injuries. Expert witnesses will give detailed evidence about the injury along with its long-term impact and the cost for ongoing care.
The majority of cerebral palsy lawsuits are settled rather than going to trial, which can be expensive and time-consuming. A lawyer can assist you in deciding on the type of settlement that is best for your particular situation. A lawsuit can help you to raise awareness about this common form of medical negligence. This can aid other families to avoid similar mistakes in the future.