How to File a Cerebral Palsy Lawsuit
If your child has cerebral palsy, you might be legally able to bring a lawsuit against the hospital or doctor responsible for the condition. While every case is different, most follow a similar sequence of steps. A skilled lawyer with experience in cerebral palsy can handle 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 extremely devastating for families, especially since it requires medical treatment and care that lasts a lifetime. The emotional toll CP can cause parents can leave them burned out and financially struggling.
In a cerebral palsy case, families can be compensated for both economic and other damages. Economic damages include medical costs future care costs, as well as lost wages because of the child's limitations. Non-economic damages include suffering and pain as well as disfigurement mental distress, and loss of enjoyment of life.
The amount of money awarded in a cerebral-palsy case is contingent upon the amount of damage in the case. However, the typical cerebral palsy settlement amounts to $5 million. These figures are taken from our birth injury lawyers' years of experience in handling these cases, and the results of settlements and verdicts across the nation.
If you decide to file a cerebral-palsy lawsuit your lawyer will gather all types of written documentation to demonstrate that your child's medical injuries were caused by the doctor and hospital involved in your child's birth. They will also create a Life Care Plan, which is a professional-created estimate of your child's future treatment requirements.
A reputable lawyer who has nurses who are registered will be competent to listen to your story and determine whether the injuries suffered by your child were caused by medical negligence during labor or delivery. They will then complete the time-consuming task of collecting evidence and contacting witnesses. The majority of medical professionals resolve the matter outside of court. If they do not, the case may be tried in court.
Time limit
If you fail to meet the deadline to file a lawsuit, if the court denies your claim. You must speak to an attorney for birth injuries immediately to understand your rights as well as the deadlines for filing a lawsuit that are statutory in your particular case. The time limit for medical malpractice cases usually is two years. If you represent a minor victim of medical negligence, the statute of limitations could be extended to the 20th birthday of the victim.
The legal team you choose will also need time to examine your child's claim and gather evidence and witness testimony. This is one of the most important parts of your child's medical malpractice lawsuit as it determines how much financial compensation you can receive.
You'll need to choose an attorney who is specialized in cerebral palsy cases. This will ensure that they are well-versed in the complicated issues that arise in this type lawsuit. They'll be able make a convincing case that maximizes your child's chances for financial recovery.
In addition, you should seek out an attorney who operates on contingency. This means that they don't get paid until they win your case. This reduces the stress associated with paying for attorney's services, and also build trust between your legal team and you. Additionally, it ensures that your lawyer won't accept your claim if they don't believe that you will have a decent chance of winning.
Finding a lawyer
Cerebral palsy lawsuits are typically filed by families whose children were injured due to medical negligence. If you believe that your child's cerebral ailment was caused by a mistake by doctors, you should consult a lawyer immediately. The statute of limitations is a law of the state that determines the time you have to take legal action.
Find a lawyer who is specialized in medical malpractice. They will have the knowledge and resources to challenge the medical staff and hospital in your case. They can also review the medical documents of your family, examine the medical procedures which were utilized during childbirth, and determine if the injuries could have been avoided had the individuals responsible for the birth had been more attentive.
Most cerebral palsy lawsuits are resolved out of court and a skilled lawyer can negotiate an acceptable settlement to your family. Be aware of caps on compensation however, which can limit the amount you receive.
A person with CP is likely to require ongoing medical treatment and care. This can be costly and it is crucial to seek legal advice as early as you can. A CP lawsuit can assist you in recovering the costs associated with caring for your child and provide a sense justice.
Filing a lawsuit
Cerebral palsy can be a devastating condition that can impact every aspect of a child's existence. The condition can lead to physical and cognitive disabilities which require continuous treatment therapies, therapy, and other medical care. A successful legal action could be able to provide the funds to help a cerebral paralysis child lead a full and happy life.
Many parents who file cerebral palsy lawsuits seek compensation for the medical mistakes made by doctors or other health care professionals during the pregnancy and birth. This is referred to as medical malpractice. A cerebral palsy lawyer can look over the details of your case to determine if you have an appropriate legal claim.
A lawyer can assist you to file a lawsuit against the medical professional or team responsible for your child's injury. He or she can consult medical experts to establish that the doctor's mistake was responsible for your child's injury. Expert witnesses will provide specific evidence regarding the injury, its long-term effects and the cost for ongoing care.
Most
cerebral palsy lawsuits are settled much more than going to trial, which can be expensive and time-consuming. A lawyer can assist you in deciding which settlement type is appropriate for your particular situation. A lawsuit can also assist you to make people aware of this frequent type of medical negligence. This will help avoid similar mistakes from happening again in the future.