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Cerebral Palsy Lawsuit Settlements

Cerebral palsy lawsuit settlements can help families pay for the costs of treatment and care for their child. A typical family will require more than $1 million to cover the lifetime medical expenses related to cerebral palsy.

Each case is different, however the majority of cerebral palsy lawsuits have similar steps. A lawyer can assess your claim in a free consultation.

Statute of limitations

Cerebral palsy is a serious condition which can have a lasting impact on children and their families. Children who have cerebral palsy face a lot of medical costs. This could range from therapy to special equipment. In severe cases, a child suffering from cerebral palsy might require around-the-clock or part-time assistance. Compensation can help cover the expenses.

It is essential to know the laws in your state concerning medical malpractice claims. A lot of states have statutes that restrict the time in which you are able to file a claim after an unlawful event. If you fail to file your claim within the timeframe the case will be dismissed by the court.

While every state's laws differ slightly, the majority of states allow citizens a few years to claim personal injury which include claims relating to medical negligence. You should consult a cerebral palsy lawyer when you suspect that a medical professional or a facility caused your child's CP.

Kansas for instance permits two years to be passed from the date of the malpractice. Kentucky is among the stricter states when it comes to such cases and only gives its citizens one year to find out what caused the harm.

Gathering Evidence

Physical and occupational therapy is often required for victims of cerebral palsy. Parents might have modify their homes or 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 the medical bills and enhance the quality of life for their child.

A medical malpractice case is usually the result of determining if a doctor's actions or choices fell below the standard of care given the circumstances. Your attorney will look over your child's birth, pregnancy and early infancy records and other evidence to determine whether the CP symptoms could have been avoided with better medical care.

Your attorney will also speak to doctors and other health experts about your child's treatment as well as CP symptoms. They will evaluate the evidence and prepare the case for trial. This may include the testimony of an expert witness to support your claims and refuting the defense's arguments.

If the medical experts agree that your child's CP was caused by negligence on the part of a doctor the lawyer will file a civil lawsuit with the local court. You may only have a specific amount of time, based on the laws in your state in order to bring a lawsuit. Your lawyer will explain these rules to you. If you do not file your claim within the statute of limitations, your claim will be rejected.

Case Filing

If a medical error during pregnancy, childbirth or the moment after birth triggers your child's cerebral palsy, you may be able to make a claim and seek compensation for damages. A successful claim for cerebral palsy settlements could pay for your family's expenses that include ongoing care and treatment costs.

An experienced lawyer will review your case to determine if you have a legitimate legal 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 imaging scans and medical records from both the mother and child, accounts from people who witnessed the birth of your child and other relevant evidence. After the required evidence has been collected your attorney will submit your lawsuit to the court. You will be the plaintiff and the hospital or doctor that caused your child's injury will be the defendant.

The cerebral palsy situation could be settled within a few months if the defendant accepts the responsibility. However, if the defendants disagree on liability or your child's injuries are severe the case may have to go through trial. In the course of trial, your attorney will present evidence to a judge or jury who will determine the liability and the amount of compensation your child should receive.

Trial

After your lawyer has gathered all the required information the attorney can commence making the case. They will send the defendants a demand notice in which they are asked to compensate your family and you for the damages resulting from medical negligence. The defendants have a limited time to respond. In most cases, this is about 30 days.

The next step of the legal process is discovery. This is when both sides will create documents and evidence to prove their side of the story. Your lawyer will collaborate with medical experts and witnesses to gather additional evidence to support your case. After this stage, the court will usually schedule pre-trial conferences to discuss the case and decide if it is ready to go to trial.

Many cases of medical malpractice are settled through settlement agreements instead of the trial verdict. Settlement agreements are quicker and more affordable for both parties. Your lawyer will work diligently to help you come up with an appropriate settlement amount. This amount will need to consider the cost of your child's future expenses and losses.

Many families with children who suffer from CP feel secure knowing that their medical staff was accountable for their actions. This can help families redefine their lives and move forward with confidence. It can also increase awareness for other families that may be going through similar situations.