Cerebral Palsy Lawsuit Settlements
Settlements for cerebral palsy lawsuits can help families pay for the costs of treatment and care for their child. A typical family will require up to $1 million in order to cover a lifetime of medical expenses relating to
cerebral palsy.
While every case is unique, most cerebral palsy lawsuits follow similar steps. During a free case review an experienced lawyer will determine whether you have a legitimate claim.
Statute of limitations
Cerebral Palsy may have lasting effects on children as well as their families. Children with cerebral palsy are subject to lots of medical expenses. This can include everything from therapy to special equipment. In extreme instances, a child diagnosed with cerebral palsy may require continuous or even part-time care. Compensation may help to cover the costs.
It is essential to know the laws in your state regarding medical malpractice claims. Many states have laws that restrict the time in which you are able to bring a claim following an unconstitutional event. If you fail to file your claim within the timeframe, your case will be dismissed by the court.
While every state's laws differ in a small way, most states allow citizens a few years to claim personal injury that include medical negligence. If you suspect that a medical professional or facility caused harm to your child and resulted in their CP It is vital to contact an experienced cerebral palsy lawyer as soon as you can in order to ensure that you have enough time to file a claim.
For instance The Kansas statute of limitations in cases of birth injuries allows two years from the date the error occurred. Kentucky is among the more strict states in such cases and only allows citizens one year to discover the harm.
Gathering Evidence
Many patients with cerebral palsy require care for the rest of their lives including occupational and physical therapy. Parents may need to modify their home and acquire special equipment like wheelchairs. These medical expenses could be quite costly. A lawsuit could assist the family with compensation to cover these expenses and enhance the quality of life for the child.
A medical malpractice claim is typically determined by whether a doctor's actions or choices fell below the standard of care given the circumstances. Your attorney will scrutinize your child's birth, pregnancy and early infant records as well as other evidence to determine whether the CP symptoms could have been prevented with more effective medical treatment.
Your attorney will also speak to your child's doctors as well as other health care professionals regarding your child's medical treatment as well as CP symptoms. They will examine the evidence and prepare for trial. This could include obtaining expert testimony in support of your arguments and refuting defense arguments.
If medical experts believe that the CP in your child's body was due to medical negligence and your lawyer files a complaint at your local court. You could only have a certain period of time, based on the laws in your state and the court you file a lawsuit. Your attorney will explain these rules to you. Your claim will be deemed to be unfounded if you fail to submit your claim within the time frame.
Case Filing
If a medical error during childbirth, pregnancy, or in the first few weeks after birth led to your child to develop cerebral palsy, you may be eligible to bring a lawsuit and seek compensation for
cerebral palsy damages. A successful claim for cerebral palsy settlements could pay for your family's expenses that include the ongoing costs of treatment and
Cerebral Palsy care.
An experienced attorney will review your case and determine whether you have a solid claim against the medical professionals responsible for the injuries your child sustained. Your lawyer will then gather all types of documentation to prove your claim. This may include medical records for both mother and child, witness accounts of the birthing process of your child, as well as other evidence. Once all the evidence needed has been gathered your attorney will bring your case to court. You are the plaintiff and the doctor or hospital that caused the injury to your child will be the defendant.
Your
cerebral palsy attorneys palsy case could be resolved in a couple of months if the defendant accepts the responsibility. If the defendants deny liability or if the injuries suffered by your child were severe, you may require a trial. During the trial your lawyer will argue all evidence in your case 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
After your lawyer has gathered all the relevant information and documents, they can start filing your case. They will send an demand letter to defendants asking them for compensation for your family and you for the losses resulting from the medical negligence. The defendants are given a short time to respond. It is usually approximately 30 days.
Discovery is the next phase of the legal process. Both sides will draft documents to show their side. Your lawyer will collaborate with medical experts and witnesses to gather additional evidence for your case. After this phase, a court will schedule an initial conference to discuss your case.
A large number of cases of medical negligence are settled through settlement agreements instead of the trial verdict. This is preferred by both parties as it is faster and less expensive. Your lawyer will do everything to help you arrive at an acceptable settlement amount. This amount will need to consider the long-term costs of your child as well as losses.
Many families of children suffering from CP are comforted by the fact that their medical staff is accountable for their actions. This can allow them to rethink their lives and move forward with confidence. It can also increase awareness for other families who might be experiencing the same thing.