Cerebral Palsy Lawsuit Settlements
Cerebral palsy lawsuit settlements can help families pay for the cost of treatment and care for their child. A typical family will require upwards of $1 million to cover their lifetime medical expenses related to
cerebral palsy lawyer palsy.
While every cerebral palsy lawsuit is different, the majority of cerebral palsy lawsuits are similar. A lawyer can assess your claim in a free consultation.
Statute of limitations
Cerebral
palsy is a severe condition that can have a long-lasting impact on children and their families. Children suffering from cerebral palsy incur a lot of medical expenses. This could include everything from therapy to specialized equipment. In the most severe instances, children with cerebral palsy may need around-the all-hours or part-time assistance. In some cases, compensation may help to cover these costs.
It is important to understand the laws in your state regarding medical malpractice claims. There are many states with statutes of limitations that put a restriction on how long you can file a claim following an incident that is illegal occurs. If you fail to file your claim within the timeframe your case will be dismissed by the court.
Although the laws in each state vary slightly, they all allow citizens to file personal injury lawsuits, which include those related to medical malpractice. You should consult an attorney for cerebral palsy whenever you suspect that a medical expert or a medical facility has caused your child's CP.
Kansas for instance, allows two years to be passed from the date of the error. Kentucky is one of the states that is more strict when it comes to this kind of case. It only permits citizens to identify the harm within a year.
Gathering Evidence
Physical and occupational therapy is frequently required for people suffering from cerebral palsy. Parents may have to alter their home or purchase equipment such as wheelchairs. These costs are usually expensive and a lawsuit could help the family get compensation to pay these medical expenses and improve the quality of life for their child.
A medical malpractice lawsuit is typically dependent on whether a physician's actions or choices fell below the standard of care under the circumstances. Your attorney will examine your child's birth, pregnancy and early infant records as well as other evidence to determine if the CP symptoms could have been prevented with better medical treatment.
Your attorney will also talk with your child's doctor as well as other health care professionals regarding your child's treatment as well as CP symptoms. They will go through the evidence and prepare for trial. This may include gathering testimony from experts to support your claims, and debunking the defense's arguments.
If medical experts believe that your child's CP was caused by negligence in the medical field the lawyer will file a civil lawsuit with your local court. You could only have a certain period of time, based on the laws in your state, to make a claim. Your attorney will explain these rules to you. Your claim is dismissed in the event that you fail to file within the time limit.
Case Filing
If a medical mishap during pregnancy, childbirth, or in the initial few weeks after birth led to your child to develop cerebral paralysis, you could be able to bring a lawsuit and seek compensation for damages. If you're successful with your case, the settlement for cerebral palsy could pay for all of the costs for your family which includes the ongoing treatment and care.
An experienced lawyer will review your case to determine if you have a legitimate legal claim against the medical professionals responsible for the injuries your child sustained. Your lawyer will then gather all evidence to support your case. This could include images as well as medical records from the mother and child, testimony from people who witnessed the birth of your child, and other evidence. After the required evidence is gathered your attorney will bring your case to court. You will be the plaintiff, while the hospital and doctor that caused the injuries suffered by your child will become the defendant.
Your cerebral palsy case may be settled within a few months in the event that the defendant accepts liability. If the defendants dispute liability or the injuries sustained by your child are serious it could be necessary to go through trial. During the trial your lawyer will argue all of the evidence in your case to a jury or judge who will issue an award determining the liability of the defendant and a fair amount of compensation for the losses of your child.
Trial
When your attorney has all the relevant information they can begin filing your case. They will send a demand letter to the defendants requesting that they compensate your family and you for the losses resulting from the medical negligence. The defendants have a limited time to respond. The typical timeframe is approximately 30 days.
The next stage of the legal process is discovery. It is where both sides prepare documents and evidence to prove their side of the truth. Your lawyer will work with experts in medicine and witnesses to gather additional evidence for your case. Following this the court will schedule a an initial conference to discuss your case.
Settlement agreements are typically used to settle medical malpractice cases rather than the jury verdict. It is quicker and less expensive for both parties. Your lawyer will work diligently to help you come up with an equitable settlement. This amount should 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 team has been held accountable for their actions. This can help families redefine their lives and move forward with confidence. It also helps to raise awareness for other families that may be facing similar circumstances.