How to File a Cerebral Palsy Lawsuit
If your child has cerebral palsy, you might be eligible to file a claim against the hospital or doctor who caused it. Every case is different but the majority of cases follow the same process. An experienced cerebral palsy attorney can handle all aspects of the process for you.
Your claim will be considered valid when medical experts can demonstrate that a physician or other medical professional's mistake directly caused the brain injury of your child. Damage awards can be substantial.
Damages
Cerebral Palsy can be extremely devastating for families, especially since it requires medical treatment and care that lasts a lifetime. 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 include medical costs, future care costs and lost wages due to of the child's limitations. Non-economic damages include pain and suffering as well as disfigurement mental anxiety, and loss of enjoyment of life.
The amount of money awarded for a cerebral palsy lawsuit is determined by the severity of the case. However, the average cerebral palsy settlement is approximately $5 million. These figures are based upon the experience of our birth injury attorneys in handling these cases and the results of settlements and jury verdicts across the country.
If you make a claim for cerebral palsy, your attorney will gather all kinds of documentation to demonstrate that your child's medical injuries were caused by the doctor and hospital involved in the birth of your child. They will also develop a Life Care Plan, which is a professional-created estimate of your child's future medical needs.
A lawyer with registered nurses will be able to listen to your story and determine if the injuries suffered by your child are the result of medical negligence during delivery. They will then do the tedious work of gathering evidence and getting witnesses to speak with them. Typically the medical professionals involved will agree to settle the case outside of court, but if they don't, then the case could go to trial.
Time limit
If you do not meet the deadline for filing a lawsuit, the court rejects your claim. You must speak to an attorney for birth injuries as soon as you can to understand your rights and the deadlines imposed by law in your particular case. The time limit for medical malpractice cases is typically two years. However, if you represent a minor victim of medical negligence, the statute of limitations could be extended until the 20th birthday of the victim.
The legal team that you hire will need to look over the case of your child and collect evidence and documentation. This is one of the most crucial aspects of your child's medical malpractice suit because it determines how you will receive.
You should work with an attorney who is specialized in cerebral palsy cases. This will ensure that they're familiar with the complexities involved in this type of lawsuit. They'll be able make a convincing case that maximizes your child's chance for financial recovery.
In addition, you should find an attorney who works on contingency. This means they don't get paid unless they succeed in your case. This can reduce the stress associated with paying for an attorney's services, and also build trust between your legal team and your. Moreover, it also ensures that your
attorney won't take your case if they don't think you'll be a good candidate for winning.
Finding an attorney
Cerebral palsy cases are often filed by families whose children have been injured because of negligence by a medical professional. If your child suffers from cerebral palsy and you believe it was caused by a mistake made by a doctor, you should contact an attorney promptly. The statute of limitations is a law of the state that defines the time frame you have to take legal action.
You should find an attorney who is specialized in medical malpractice cases. They have the expertise and resources to defend the hospital and doctors in your case. In addition, they will be able review your medical records and look into the medical procedures used during labor and delivery and determine if the injuries could have been avoided in the event that those responsible for the birth of your child were more attentive.
The majority of
cerebral palsy law firms palsy cases are settled outside of court by a knowledgeable attorney who can negotiate a fair settlement for your family. You should be aware of the caps on compensation however, which could limit the amount you receive.
The majority of people suffering from CP will require ongoing medical attention and therapy. This can be costly and it is vital to seek legal advice as early as you can. A CP lawsuit will aid in recovering the costs related to taking care of your child, and will also provide a sense of justice.
Filing a lawsuit
Cerebral Palsy is a debilitating disease that impacts every aspect of the child's life. The condition can cause physical and cognitive disabilities which require continuous treatment therapies, therapy, and other medical treatments. A successful legal lawsuit could provide the funds necessary to help a cerebral-palsy child lead a full and happy life.
Parents who file lawsuits for cerebral palsy often seek compensation for medical errors made during pregnancy or birth by doctors or other health care providers. Medical malpractice is the term used to describe this. A cerebral palsy attorney can examine your case to determine whether you have a valid claim.
A lawyer can help you in bringing lawsuits against a doctor or medical team that is responsible for the injuries of your child. They will also consult with experts in the field to prove that the error of your doctor caused your child's injuries. Expert witnesses can provide precise evidence of the injuries and the long-term consequences including the cost associated with your child's ongoing medical treatment.
Most
cerebral palsy lawsuits are settled rather than going to trial which can be costly and time-consuming. An attorney can assist you in deciding what settlement is the most appropriate for your situation. A lawsuit can also assist you to make people aware of this frequent kind of medical malpractice. This can help prevent similar errors in the future.