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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 upwards of $1 million to cover a lifetime of medical expenses related to cerebral palsy.

Although every case is unique, most cerebral palsy lawsuits are based on the same steps. A lawyer can assess your claim during a free consultation.

Statute of limitations

Cerebral Palsy may have an effect on children for years, as well as their families. Children with cerebral palsy are subject to lots of medical costs. This can include everything from therapy to specialized equipment. In the most severe cases, children with cerebral palsy may require 24/7 or even part-time care. The process of obtaining compensation can help cover these costs.

A cerebral palsy lawsuit could be a lengthy legal process, and it is important to be aware of your state's laws regarding medical malpractice claims. Many states have laws that restrict the time in which you are able to make 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 each state's laws vary in a small way, most states allow citizens a few years to claim personal injury that include medical malpractice. You should seek out a cerebral palsy lawyer as soon as you suspect that a medical professional or a facility has caused your child's CP.

Kansas, for example permits two years to be passed from the date of the malpractice. Kentucky is among the more strict states when it comes to such cases and only allows citizens one year to discover the harm.

Gathering Evidence

Physical and occupational therapy is typically required for those suffering from cerebral palsy. Their parents may have modify their homes or cerebral palsy lawyer purchase special equipment, such as wheelchairs. The medical costs could be quite costly. A lawsuit can aid the family to receive compensation to pay these bills and enhance the quality of life for the child.

A medical malpractice case typically based on whether the doctor's actions and choices were not in line with the standard of care in the circumstances. Your attorney will review the child's medical records from birth as well as the time of pregnancy and early childhood to determine whether CP symptoms could have been prevented with better medical treatment.

Your attorney will also talk to doctors and other health care professionals regarding your child's treatment as well as CP symptoms. They will review the evidence and cerebral palsy lawyer prepare the case for trial. This may include getting expert testimony from witnesses in the defense of your claims as well as contesting defense arguments.

If medical experts believe that the CP in your child's case was caused by medical negligence the lawyer will file a complaint at your local court. You could only have a certain amount of time, based on the laws of your state, to bring a lawsuit. Your attorney will explain these rules to you. If you do not file your claim within the statute of limitations the claim will be rejected.

Case Filing

If a medical error during pregnancy, childbirth or in the initial few weeks after birth caused your child to develop cerebral paralysis, you may be able to file a suit and seek compensation for the damages. A successful claim for cerebral palsy settlements could cover your family's expenses including the ongoing costs of treatment and care.

An experienced attorney will analyze your case and determine whether you have a solid claim against medical professionals responsible for your child's injuries. Your lawyer will then collect all documentation to support your claim. This may include imaging scans and medical records of both the mother and child, statements from witnesses to the birth of your child, and other evidence. Your lawyer will file your lawsuit once the initial evidence has been gathered. You will be named the plaintiff, and the doctor and hospital that caused the injuries suffered by your child will become the defendant.

Your cerebral palsy case may be settled within a few months when the defendant accepts responsibility. If the defendants deny responsibility or if your child's injuries were severe, you may be required to go to court. During trial your lawyer will present the evidence to a judge or jury who will determine the liability and the amount of compensation your child will receive.

Trial

Once your lawyer has all the relevant information and is ready to file your case. They will send an order letter to the defendants requesting that they compensate your family and you for the harm caused by the medical negligence. The defendants are given a certain time to respond. It is usually around 30 days.

The next phase of the legal procedure is discovery. This is the time when both sides prepare documents and evidence to support their side of the truth. Your lawyer will work with medical experts and witness to gather additional evidence for your case. Following this the court will set a pre-trial conference to discuss the case.

Many instances of medical malpractice are resolved by settlement agreements instead of the trial verdict. This is preferable for both parties as it is quicker and less costly. Your lawyer will work hard to reach an appropriate settlement amount. The amount you settle must take into consideration your child's future expenses and losses.

Many families with children suffering from CP feel secure knowing that their medical personnel was accountable for their actions. This can help them reimagine their lives and move forward with confidence. It can also raise awareness for other families that might be in similar situations.