Cerebral Palsy Lawsuit Settlements
Settlements for
cerebral palsy lawsuits can help families cover the cost of treatment and care for their child. The average family will need upwards of $1 million to cover their lifetime medical expenses associated with cerebral palsy.
Although every cerebral-palsy case is unique, the majority of cerebral palsy lawsuits are the same. When you get a free case evaluation an experienced lawyer will determine if you have a legitimate claim.
Statute of Limitations
Cerebral palsy can have an effect on children for years and their families. Children who have cerebral palsy typically face a large medical bill which range from treatment to equipment that is specialized to therapy. In the most severe cases, children with
cerebral palsy law firm palsy might require around-the-clock or even part-time care. Compensation can help cover the costs.
It is important to know the laws in your state concerning medical malpractice claims. Many states have laws that restrict the time in which you are able to file a claim after an unconstitutional event. If you do not file your claim by the deadline and file a claim, it will be dismissed by the court.
While each state's laws vary slightly, the majority of states allow citizens to have a few years to claim personal injury that include medical malpractice. You should seek out a lawyer who specializes in cerebral palsy whenever you suspect a medical professional or a facility has caused your child's CP.
For example For instance, the Kansas statute of limitations in cases of birth injuries allows two years from the date the mistake occurred. Kentucky is one of the states with the most stringent laws when it comes to such cases and provides citizens with a year to determine the damage.
Gathering Evidence
Physical and occupational therapy is often required for people suffering from cerebral palsy. Parents may have to change their home and purchase special equipment such as wheelchairs. These medical expenses can be very expensive. A lawsuit can assist the family with compensation to pay these bills and enhance the quality of life for the child.
A medical malpractice lawsuit is typically the result of determining if a doctor's actions or decisions fell short of the standard of care given the circumstances. Your attorney will scrutinize your child's birth, pregnancy and early infancy records and other evidence to determine whether the CP symptoms could have been prevented by more effective medical treatment.
Your lawyer will also speak to the doctors and other health care professionals regarding your child's treatment as well as CP symptoms. They will examine the evidence and prepare the case for trial. This could include obtaining expert testimony from witnesses in support of your assertions and refuting defense arguments.
If medical experts agree that your child's CP was caused by negligence in the medical field and your lawyer files a civil lawsuit with your local court. You may only have a specific period of time, based on the laws of your state to make a claim. Your lawyer will explain these rules to you. Your claim could be dismissed if you do not file your claim within the deadline.
Case Filing
If a medical error during pregnancy, childbirth or immediately after birth causes your child's cerebral palsy, you may be able to bring a lawsuit and seek compensation for damages. If you're successful in your case the settlement for cerebral palsy may pay for all of the costs for your family, including continuing care and treatment.
A seasoned attorney will review your case and determine whether you have a legitimate claim against medical professionals responsible for your child’s injuries. Your lawyer will then gather all evidence to support your case. This may include medical records for both parents, witness accounts of the birth of your child, and other evidence. Once the necessary initial evidence is gathered and your lawyer has completed the formal process, you will submit 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 within a few months if the defendant accepts the responsibility. If the defendants deny liability or if the injuries suffered by your child were serious, you might have to go to trial. During the trial your lawyer will present all of the evidence before a judge or jury who will make a verdict determining the liability of the defendant and a fair amount of compensation for the losses of your child.
Trial
Once your attorney has all the relevant information, they can start filing your case. They will send a demand letter to defendants requesting that they compensate you and your family members for the harm caused by the medical negligence. The defendants have a limited time to respond. In most cases, this is about 30 days.
The next stage of the legal process is discovery. This is the time when both sides prepare documents and evidence to support their side of the story. Your lawyer will work with experts and witnesses to gather additional evidence for your case. After this stage the court will schedule a pre-trial conference to discuss the case.
A lot of cases of medical malpractice are resolved by settlement agreements, rather than the trial verdict. This is preferable for both parties since it is more efficient and less expensive. Your lawyer will work diligently to assist you in determining an equitable settlement. The amount you settle for must include the long-term costs of your child as well as losses.
Many families of children suffering from CP are relieved by the fact that their medical staff has been held accountable for their actions. This can help families rethink themselves and move forward with confidence. It also helps to raise awareness for other families who may be going through the same situation.