Cerebral Palsy Lawsuit Settlements
Cerebral palsy lawsuit settlements could aid families in covering the cost of treatment and care for their child. A typical family will require more than $1 million to cover a lifetime of medical expenses relating to cerebral palsy.
While every case is unique, most cerebral palsy lawsuits follow the same steps. When you get a free case evaluation An experienced lawyer will determine if you have a strong claim.
Statute of limitations
Cerebral palsy is a severe condition which can have a lasting impact on children and their families. Children who have cerebral palsy face many medical expenses. This could include everything from therapy to specialized equipment. In the most severe cases, children suffering from cerebral palsy might require round-the-clock all-hours or part-time assistance. In some cases, compensation may help to cover these expenses.
It is essential to know the laws in your state concerning medical malpractice claims. There are many states with statutes of limitations that place a restriction on how long you are allowed to file a claim after an illegal event occurs. If you fail to file your claim within the timeframe the case will be dismissed by the court.
While the laws of each state differ in their laws, all states allow citizens to bring personal injury lawsuits, for example, those involving medical malpractice. You should seek out a
cerebral palsy lawyer when you suspect that a medical professional or facility has caused your child's CP.
Kansas for instance allows two years to expire from the date of the error. Kentucky is among the states with the most stringent laws in these types of cases and provides citizens with a year to find out what caused the harm.
Gathering Evidence
Physical and occupational therapy is frequently needed for patients suffering from cerebral palsy. Parents may need to modify their home and purchase special equipment, such as wheelchairs. These costs are usually expensive and a lawsuit may help the family get the compensation needed to cover the medical bills and increase the quality of life of their child.
A medical negligence case is typically based on whether the doctor's actions were not in line with the standard of care in the circumstances. Your lawyer will go over your child's records from birth as well as the time of pregnancy and early childhood to determine whether CP symptoms were preventable with better medical care.
Your attorney will also speak to your child's doctors and other health professionals about your child's treatment, and also the CP symptoms. They will review the evidence and prepare the case for trial. This may include getting expert testimony to support of your claims and refuting defense arguments.
If medical experts agree that your child's CP was caused by negligence on the part of a doctor the lawyer will file an action in civil court with your local court. You could be granted a limited period of time, based on the laws of your state, to bring a lawsuit. Your attorney will explain these rules to you. If you do not file your claim within the timeframe set by the statute of limitations the claim will be dismissed.
Case Filing
If a medical lapse during pregnancy, childbirth, or in the initial few weeks after birth led to your child to develop cerebral palsy you may be able to make a claim and seek compensation for damages. A successful claim for
cerebral palsy settlements could help your family pay for expenses including ongoing medical treatment and costs for care.
An experienced attorney will review your case to determine if you have a legitimate legal claim against the medical professionals responsible for your child's injuries. Your lawyer will then collect all the relevant documentation to support your claim. This can include medical records for both mother and child as well as witness reports of the birth of your child, and other relevant proof. Once the initial evidence has been collected your attorney will present your lawsuit to the court. You will be named the plaintiff, while the hospital and doctor that caused your child's injuries will become the defendant.
Your cerebral palsy issue could be resolved in a couple of months when the defendant accepts responsibility. If the defendants dispute liability or your child's injuries are severe the case may have to go through trial. In the course of trial, your attorney will present the evidence before a jury or judge who will determine liability and the amount of compensation your child should receive.
Trial
When your attorney has all the relevant information they will be able to begin filing your case. They will send an demand letter to defendants asking them to compensate your family and you for the losses resulting from the medical negligence. The defendants will be given only a short time to respond, typically about 30 days.
Discovery is the next stage of the legal procedure. Both sides will prepare documents to show their side. Your attorney will work with medical experts and witnesses to gather additional evidence to support your case. After this the court will typically hold pre-trial meetings to discuss the case and decide if it is ready for trial.
Settlement agreements are commonly used to settle medical malpractice cases, rather than the jury verdict. It is faster and less costly for both parties. Your lawyer will do all they can to help you arrive at an acceptable settlement amount. The amount you settle must be based on the future costs of your child and losses.
Many families of children who have CP are relieved by the fact that their medical staff has been held accountable for their actions. This can help families reimagine their lives and move forward with confidence. It could also help raise awareness for other families that may be going through the same thing.