Cerebral Palsy Lawsuit Settlements
Settlements for cerebral palsy lawsuits can aid families in covering the cost of treatment and care for their child. A typical family will require upwards of $1 million to cover a lifetime's worth of medical expenses relating to cerebral palsy.
While every case is unique the majority of cerebral palsy lawsuits have similar steps. An attorney can assess your case during a no-cost consultation.
Statute of Limitations
Cerebral palsy can have lasting effects on children and their families. Children who have cerebral palsy typically have extensive medical expenses and can range from treatment to equipment that is specialized to therapy. In the most severe cases, children with cerebral palsy may require around-the-clock 24/7 or even part-time care. In some cases, compensation may help to cover these costs.
A cerebral palsy lawsuit can be a complicated legal procedure and it is crucial to know the laws of your state regarding medical malpractice claims. There are many states that have laws that limit the time you can make a claim following an illegal event. If you fail to meet this deadline the court could dismiss your claim.
While the laws of each state vary slightly in their laws, all states allow citizens to file personal injury lawsuits, for example, those involving medical malpractice. You should seek out a
cerebral palsy lawyer as soon as you suspect a medical professional or a facility caused your child's CP.
For
cerebral palsy lawyer example, the Kansas statute of limitations in cases involving birth injuries permits two years from the date the mistake occurred. Kentucky is a state that is more stringent in this type of case and allows citizens to be aware of the harm within a year.
Gathering Evidence
Physical and occupational therapy is often required for people suffering from cerebral palsy. Parents may have to modify their home and acquire special equipment such as wheelchairs. The medical costs can be extremely costly. A lawsuit could aid the family to receive compensation to cover these expenses and improve the child's life.
A medical malpractice lawsuit is typically based on whether a doctor's actions or decisions fell short of the standards of care required under the circumstances. Your attorney will examine your child's birth, pregnancy, and early infancy documents and other evidence to determine if the CP symptoms could have been avoided with better medical care.
Your lawyer will also talk with the doctors and other health professionals about your child's treatment as well as CP symptoms. They will review the evidence and prepare the case for trial. This could include obtaining expert witness testimony in the defense of your claims as well as refuting defense arguments.
If medical experts believe that the CP in your child's case was caused by medical negligence the lawyer will file an action in your local court. Depending on your state's laws, you may have only a short time to submit an action. Your lawyer will explain to you these rules. Your claim will be deemed to be unfounded when you fail to file within the time limit.
Case Filing
When a medical mistake during pregnancy, childbirth or right after birth causes your child's cerebral palsy, then you may be eligible to file a lawsuit and pursue compensation for
cerebral palsy lawyer damages. A successful claim for a cerebral palsy settlement could help your family pay for expenses that include ongoing treatment and care costs.
An experienced attorney can 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 the evidence needed to prove your claim. These could include scans of your child's brain and medical records from both the mother and child, statements from people who witnessed the birth of your child, and other relevant evidence. Your lawyer will file your lawsuit once the initial evidence is gathered. You will be the plaintiff, and the doctor and hospital that caused the injuries to your child will be the defendant.
If the defendant accepts liability, your cerebral palsy lawsuit might be settled in a matter of months. If the defendants deny liability or if your child's injuries were severe, you could need to go to trial. During the trial, your lawyer will present all the evidence to a judge or jury who will issue an opinion on the liability of the defendant and a fair amount of compensation for your child's injuries.
Trial
When your attorney has all the relevant information they can begin filing your case. They will send a demand letter to the defendants, asking them to compensate you and your family members for any damages resulting from medical negligence. The defendants have a specific time to respond. It is usually around 30 days.
Discovery is the next phase of the legal procedure. Both sides will draft documents to prove their sides. Your attorney will work with medical experts and witness to gather evidence for your case. After this stage the court will schedule a pre-trial conferences to discuss the case.
Many instances of medical malpractice are settled by settlement agreements, rather than the trial verdict. It is faster and more affordable for both parties. Your lawyer will work hard to help you reach an appropriate settlement amount. This amount should take into consideration your child's future expenses and losses.
Many families of children with CP are reassured by the fact that their medical team is accountable for their actions. This can help them rethink their lives and move forward with confidence. It may also help in raising awareness of families that are experiencing similar circumstances.