Cerebral Palsy Lawsuit Settlements
Settlements for
cerebral palsy attorneys palsy lawsuits can help families pay for the costs of treatment and care for their child. The average family will need up to $1 million in order to cover the lifetime medical expenses relating to cerebral palsy.
Each case is different, however The majority of cerebral palsy lawsuits (
watch this video) follow similar steps. A lawyer can evaluate your claim during a complimentary consultation.
Statute of Limitations
Cerebral palsy is a serious condition that can have a long-lasting impact on children and their families. Children who have cerebral palsy typically have extensive medical expenses, ranging from treatment to equipment that is specialized to therapy. In extreme cases, children with cerebral palsy may require continuous or part-time care. In some cases, compensation may help to cover these expenses.
It is important to understand the laws in your state regarding medical malpractice claims. Many states have statutes that restrict the time that you can file a claim after an incident that is illegal. If you fail to file your claim within the timeframe your case will be dismissed by the court.
While every state's laws differ slightly, many states allow citizens to have a few years to make personal injury claims which include claims relating to medical malpractice. You should consult a lawyer who specializes in cerebral palsy immediately if you suspect that a medical professional or a facility has caused your child's CP.
Kansas for instance permits two years to be passed from the date of the error. Kentucky is among the states with the most stringent laws when it comes to these kinds of cases. It only gives its citizens one year to determine the damage.
Gathering Evidence
Physical and occupational therapy is frequently required for those suffering from cerebral palsy. Parents may have to change their home and buy special equipment, such as wheelchairs. These medical expenses can be costly. A lawsuit can aid the family to receive compensation to pay for these expenses and improve the quality of life of the child.
A medical malpractice case is usually the result of determining if a doctor's actions or decisions fell short of the standard of care given the circumstances. Your attorney will examine your child's records from birth as well as the time of pregnancy and early childhood to determine whether CP symptoms could have been prevented with more effective medical care.
Your attorney will also speak to your child's physicians and other health care providers regarding your child's medical treatment in addition to the CP symptoms. They will examine the evidence and prepare the case for trial. This may include getting expert testimony in support of your assertions and refuting defense arguments.
If the medical experts are of the opinion that your child's CP was the result of negligence on the part of a doctor, your lawyer will file a civil complaint with your local court. You could be granted a limited amount of time, contingent on the laws of your state to file a lawsuit. Your lawyer will explain to you these rules. Your claim will be dismissed if you do not file within the specified time.
Case Filing
If a medical mistake during pregnancy, childbirth, or in the initial few weeks after birth caused your child to develop cerebral palsy, you may be eligible to bring a lawsuit and seek compensation for the damages. If you are successful in your case the settlement for cerebral palsy may cover all of your family's costs, including the ongoing treatment and care.
An experienced attorney will review your case and determine whether you have a solid claim against medical professionals responsible for the injuries your child sustained. Your lawyer will then collect all the evidence needed to prove your claim. This could include scans of images, medical records from both the mother and the child, reports from people who witnessed the birth of your child, and other relevant evidence. Once all the evidence needed has been gathered your attorney will bring your case to court. You will be named the plaintiff, while the hospital and doctor who caused the injuries suffered by your child will become the defendant.
If the defendant accepts liability the
cerebral palsy lawsuit could be resolved in just a few months. If the defendants deny liability or if your child's injuries were severe, you may need to go to trial. During the trial, your lawyer will present all of the evidence in your case before a judge or jury who will issue an award determining the extent of liability and a fair amount of compensation for the losses of your child.
Trial
After your lawyer has collected all the relevant information, they can begin filing your case. They will send the defendants a demand note asking them to compensate you family and yourself for any damages caused by medical negligence. The defendants will be given a limited amount of time to reply, usually about 30 days.
The next step in the legal process is discovery. This is when both sides will prepare documents and evidence to prove their side of the story. Your lawyer will work with medical experts and witness to gather additional evidence for your case. After this phase the court will arrange a pre-trial conference to discuss the case.
Settlement agreements are commonly used to settle medical negligence cases rather than a jury verdict. This is preferred by both parties since it is quicker and less costly. Your lawyer will do their best to reach an appropriate settlement amount. This amount must include the future costs of your child and losses.
Many families of children with CP can feel at ease knowing that their medical team was accountable for their actions. This can help families redefine themselves and move forward in confidence. It could also help to raise awareness of other families in similar situations.