Cerebral Palsy Lawsuit Settlements
Settlements for cerebral palsy lawsuits can help families pay for the costs of treatment and care for their child. The average family will need around $1 million to cover their lifetime medical expenses associated with cerebral palsy.
While every case is unique the majority of cerebral palsy lawsuits are based on the same steps. A lawyer can evaluate your case during a no-cost consultation.
Statute of Limitations
Cerebral Palsy is a serious condition that can have a long-lasting impact on children and their families. Children suffering from cerebral palsy incur a lot of medical expenses. This can include everything from therapy to specialized equipment. In the most severe instances, children with cerebral palsy may need around-the all-hours or cerebral Palsy lawsuits part-time assistance. Compensation can help pay for these expenses.
It is important to know the laws in your state regarding medical malpractice claims. A lot of states have statutes that limit the time you can bring a claim following an unconstitutional event. If you do not file your claim by the deadline the case will be dismissed by the court.
Although the laws in each state differ but they all allow citizens to file personal injury lawsuits, which include those related to medical malpractice. You should consult an attorney for cerebral palsy immediately if you suspect a medical expert or a medical facility has caused your child’s CP.
For example, the Kansas statute of limitations in the case of a birth injury allows two years from the time the error occurred. Kentucky is among the more strict states when it comes to these types of cases and only gives its citizens one year to find out what caused the harm.
Gathering Evidence
Physical and occupational therapy is frequently required for people suffering from cerebral palsy law firms palsy. Parents may need to modify their homes and purchase special equipment, such as wheelchairs. These expenses are often very expensive, and a lawsuit can help the family receive compensation to cover the medical bills and enhance the quality of life for their child.
A medical malpractice claim is usually based on whether a doctor’s actions or decisions were not in line with the standard of care under the circumstances. Your lawyer will review your child’s birth, pregnancy and early infant records as well as other evidence to determine whether the CP symptoms could have been avoided with better medical care.
Your lawyer will also talk with your child’s doctor and other health care providers about your child’s treatment, as well as the CP symptoms. They will analyze the evidence and prepare the case for trial. This may include getting expert witness testimony in support of your arguments and disproving defense arguments.
If medical experts confirm that your child’s CP was the result of negligence on the part of a doctor, your lawyer will file an action in civil court with your local court. You could only have a certain amount of time, contingent on the laws in your state, to bring a lawsuit. Your lawyer will explain these rules to you. If you don’t file within the time limit the claim will be dismissed.
Case Filing
If a medical lapse during pregnancy, childbirth or the moment after birth triggers your child’s cerebral palsy, you could be able to start a lawsuit and seek compensation for damages. If you’re successful with your claim, the settlement for cerebral palsy may cover all of the expenses of your family including ongoing care and treatment.
A seasoned attorney will review your case and determine whether you have a valid claim against the medical professionals responsible for the injuries your child sustained. Your lawyer will then gather all the evidence needed to prove your claim. These could include scans of your child’s brain, medical records from both the mother and the child, reports from people who witnessed the birth of your child and other evidence. After the required evidence has been gathered your attorney will file your lawsuit in court. You will become the plaintiff, and the doctor and hospital that caused the injuries suffered by your child will become the defendant.
The cerebral palsy situation could be resolved in a couple of months if the defendant accepts responsibility. If the defendants refuse to accept liability or if the injuries suffered by your child were severe, you could require a trial. During the trial your attorney will present the evidence before a jury or judge who will decide liability and the amount of compensation your child is entitled to receive.
Trial
Once your lawyer has all the information they require they will be able to begin filing your case. They will send an order letter to the defendants, asking them to compensate your family and you for the losses resulting from the medical negligence. The defendants have a limited time to respond. In most cases, this is about 30 days.
The next phase of the legal process is discovery. This is where both sides create documents and evidence to support their side of the story. Your lawyer will work with medical experts and witnesses to gather additional evidence to support your case. After this phase, the court will usually organize pre-trial conferences to discuss the case and decide whether or not for trial.
A lot of cases of medical malpractice are settled by settlement agreements, rather than a trial verdict. It is quicker and more affordable for both parties. Your lawyer will do everything to assist you in determining an acceptable settlement amount. This amount must be based on the future expenses of your child as well as losses.
Many families of children with CP can feel at ease knowing that their medical staff was accountable for their actions. This can help them reimagine their lives and move forward with confidence. It also helps raise awareness of other families in similar situations.