cerebral palsy attorney Palsy Lawsuit Settlements
Settlements from cerebral palsy lawsuits can assist families in paying for the treatment and
Cerebral palsy lawsuits care of their child. A typical family will require up to $1 million in order to cover their lifetime medical expenses related to cerebral palsy.
Each case is different, however The majority of cerebral palsy lawsuits (
this link) follow the same steps. A lawyer can assess your case during a no-cost consultation.
Statute of Limitations
Cerebral palsy can have an effect on children for years as well as their families. Children who have cerebral palsy typically have extensive medical expenses that range from treatment to equipment that is specialized to therapy. In extreme cases, a child with cerebral palsy may require 24/7 or part-time assistance. Compensation can help cover the costs.
A cerebral palsy suit can be a complicated legal procedure and it is essential to be aware of the laws in your state regarding medical malpractice claims. Many states have statutes that restrict the time that you can make a claim following an unlawful event. If you don't file by the deadline and file a claim, it will be dismissed by the court.
Although the laws of every state differ however, they all permit citizens to bring personal injury lawsuits, including those relating to medical malpractice. If you suspect that a medical professional or facility harmed your child and resulted in the development of CP it is imperative to consult a knowledgeable cerebral palsy lawyer as soon as you can in order to ensure that you have enough time to file an injury claim.
Kansas, for example allows two years to pass from the date of the malpractice. Kentucky is a state that is more stringent in this kind of case and only permits citizens to identify the damage within a year.
Gathering Evidence
Many victims of cerebral palsy require lifelong care that includes occupational and physical therapy. Parents might have to remodel their homes and purchase special equipment, such as wheelchairs. These expenses are often very expensive, and a lawsuit can help the family get the compensation needed to cover these medical expenses and improve their child's quality of life.
A medical malpractice case typically based on whether or not the doctor's actions and choices were not in line with the standard of treatment under the circumstances. Your attorney will review the records of your child's birth through early childhood, pregnancy, and the beginning of their lives to determine whether CP symptoms could be prevented with more effective medical care.
Your lawyer will also talk 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 could include obtaining expert testimony to support of your claims and disproving defense arguments.
If medical experts agree that the CP in your child was the result of medical malpractice the lawyer will file a complaint with the local court. You could only have a limited amount of time, based on the laws in your state, to file a lawsuit. Your attorney will explain to you these rules. If you don't file within the timeframe of the statute of limitations, your claim will be rejected.
Case Filing
If a medical error during childbirth, pregnancy or the moment after birth triggers your child's cerebral palsy, you may be eligible to bring a lawsuit and seek compensation for the damages. A successful claim for a cerebral palsy settlement could help your family pay for expenses, including ongoing care and treatment costs.
An experienced lawyer will review your case to determine whether you have a strong legal claim against the medical professionals responsible for the injuries your child sustained. Your lawyer will then collect all documentation to support your case. This could include medical records for both the mother and the child as well as witness accounts of the birth of your child, and other relevant proof. Once all the evidence needed is collected and your lawyer has completed the formal process, you will file your lawsuit in court. You will become the plaintiff, while the hospital and doctor who caused your child's injuries will be the defendant.
Your cerebral palsy case could be resolved within a few months when the defendant accepts responsibility. If the defendants disagree on liability or the injuries sustained by your child are serious and severe, you may need to go to trial. During the trial your lawyer will argue all evidence in your case to a judge or jury who will then render an opinion on the liability of the defendant and a fair amount of compensation for
cerebral palsy Lawsuits the loss of your child.
Trial
After your lawyer has gathered all of the necessary information, they can begin filing your case. They will send the defendants a demand letter asking them to compensate you family and yourself for any damages caused by medical negligence. The defendants have a limited time to respond. It is usually around 30 days.
Discovery is the next phase of the legal process. Both sides will prepare documents to support their position. Your lawyer will collaborate with medical experts and witnesses to gather additional evidence to support your case. After this phase the court will schedule a an initial conference to discuss your case.
Settlement agreements are commonly used to settle medical malpractice cases instead of the jury verdict. It is faster and more affordable for both parties. Your lawyer will work diligently to help you reach an appropriate settlement amount. The amount you settle for must be adjusted to account for your child's future expenses and losses.
Many families with children suffering from CP find comfort in knowing that their medical team was held accountable for their actions. This can help families redefine themselves and move forward in confidence. It may also help in raising awareness of other families who are in similar circumstances.