How to File a Cerebral Palsy Lawsuit
You could be able to file an action if your child has cerebral paralysis. Every case is different however, most follow the same steps. An experienced
cerebral palsy attorney can manage all aspects of the process for you.
Your claim is valid if medical experts can prove that the negligence of a doctor or any other medical professional directly caused the brain injury of your child. Damage awards can be significant.
Damages
Cerebral Palsy is a major issue for families, in particular because it requires medical treatment and care that lasts a lifetime. In addition the emotional burden that CP takes on parents can leave them burned out and make them struggle financially.
A cerebral palsy lawsuit can be a way to compensate families for both financial as well as non-economic damage caused by the injuries suffered by the child. Economic damages include medical expenses future costs for care and lost wages due to the child's limitations. Non-economic damages include suffering and pain mental anguish, disfigurement and loss of enjoyment life.
The amount of money that is awarded in the cerebral palsy lawsuit is contingent on the specific case's damages but generally speaking, the average cerebral palsy settlement in the country is about $5 million. These figures are based on the experience of our birth injury attorneys in handling these cases and the outcomes of settlements and jury verdicts across the country.
If you decide to file a cerebral-palsy lawsuit the lawyer will collect all types of written documentation to show that your child's injuries were caused by the hospital and doctor involved in your child's birth. They will also create a Life Care Plan, which is a professional-created estimate of your child's upcoming treatment needs.
A lawyer with registered nurses will be able to listen to your story to determine if the injuries suffered by your child are the result of medical negligence during the delivery. Then, they'll perform the tedious task of collecting evidence and calling witnesses. Most medical professionals agree to a settlement outside of court. If they don't the case could be brought to trial.
Time limit
If you miss a deadline to file a lawsuit, and the court decides to dismiss your case. It is recommended to consult an attorney who handles birth injuries as quickly as you can find out about your rights and the deadlines that might apply to your case. In general, the statute of limitations for medical malpractice cases is two years. However, if you represent a minor victim of medical negligence, then the statute of limitations could be extended until the 20th birthday of the victim.
The legal team you select will also need time to go through your child's case and gather witnesses' testimony and documentation. This is an essential step in your child's medical negligence lawsuit because it will determine the amount of compensation you can receive.
You should work with an attorney who is specialized in cerebral palsy cases. This will ensure they're acquainted with the complex issues involved in this type of lawsuit. They'll be able build a strong case that maximizes your child's chance for financial recovery.
In addition, you must locate an attorney that works on contingency. This means they won't be paid until you succeed in your case. This reduces the burden of having to pay for a lawyer's services and helps build trust between you and your legal team. It also ensures your attorney will not accept your claim if he/she believes they don't believe you have a chance of winning.
Finding an attorney
Children who are injured by negligence from a medical professional typically have to file lawsuits for cerebral palsy. If you believe that your child's cerebral paralysis was caused by a mistake made by a doctor, you should seek legal advice immediately. The statute of limitations is a state law that dictates how long you can pursue legal action.
Find a lawyer who is specialized in medical malpractice. They have the knowledge and resources to take on the hospital and doctors in your case. Additionally, they will be able review your family's medical records, examine the medical procedures used during labor and birth, and determine whether the injuries could have been prevented in the event that those responsible for your child's birth were more vigilant.
The majority of
Cerebral palsy attorneys palsy cases are resolved outside of court by a knowledgeable lawyer who can negotiate an acceptable settlement for your family. There are limits on compensation which could limit the amount you are able to receive.
A person with CP is likely to require ongoing medical treatment and care. It can be costly and therefore it is important to get legal advice as soon a possible. A CP lawsuit will assist you in recovering expenses associated with taking care of your child, and give you a sense that justice has been served.
Filing a lawsuit
Cerebral Palsy may be a debilitating disease that impacts every aspect of the child's life. The condition can cause cognitive and physical disabilities which require ongoing medical treatment and therapy. A successful legal lawsuit could provide the funds necessary to help a cerebral paralysis child live a healthy, happy life.
Many parents who bring
cerebral palsy lawsuits are seeking compensation for the medical errors made by doctors or other health professionals during pregnancy and during birth. Medical malpractice is the term used to describe this. A cerebral palsy lawyer will review the details of your case and determine if you have an appropriate legal claim.
A lawyer can assist you make a claim against the doctor or medical team that caused your child's injuries. The lawyer will also consult with experts in the field to prove that the mistake of the doctor led to your child's injuries. Expert witnesses will present detailed evidence about the injury, its long-term effects and the costs that are associated with the child's ongoing treatment.
The majority of lawsuits for malpractice involving cerebral palsy resolve through settlements rather than a trial, which is expensive and time-consuming. A lawyer can help you in determining which settlement method is the most appropriate for your situation. A lawsuit can help increase awareness of this prevalent form of medical malpractice. This can help avoid similar mistakes from happening in the future.