cerebral palsy law firm Palsy Lawsuit Settlements

Settlements from cerebral palsy lawsuits could help families pay for the treatment and care of their child. The average family will need more than $1 million to cover a lifetime's worth of medical expenses associated with cerebral palsy.

Although every cerebral-palsy case is different, the majority of cerebral palsy lawsuits have a similar. A lawyer can evaluate your claim in a free consultation.

Statute of Limitations

Cerebral palsy can have an effect on children for years, as well as their families. Children suffering from cerebral palsy incur numerous medical expenses. This could range from therapy to special equipment. In the most severe cases, a child suffering from cerebral palsy lawyers palsy may require 24/7 or part-time treatment. Compensation can help with the expenses.

It is important to understand the laws in your state regarding medical malpractice claims. A lot of states have statutes or limitations that set a time limitation on how long you can file a claim following an unconstitutional event occurs. If you miss the deadline your case will be dismissed by the court.

While the laws of each state vary slightly, they all allow citizens to pursue personal injury lawsuits which include those related to medical malpractice. You should contact a cerebral palsy lawyer immediately if you suspect that a medical professional or a facility has caused your child's CP.

For instance For instance, the Kansas statute of limitations in cases of birth injuries allows two years from the date that the mistake occurred. Kentucky is among the states that are more strict when it comes to these types of cases and provides citizens with a year to find out what caused the harm.

Gathering Evidence

Many people with cerebral palsy need lifelong care which includes occupational and physical therapy. Parents may have to alter their home or purchase equipment such as wheelchairs. These expenses are often very expensive, and a lawsuit can assist the family to receive compensation to cover these medical bills and improve their child's quality of life.

A medical malpractice claim is usually based on whether the doctor's actions or decisions were not in line with the standard of treatment under the circumstances. Your attorney will examine your child's birth, pregnancy and early infancy records, as well as other evidence to determine if the CP symptoms could have been avoided with better medical care.

Your attorney will also speak with your child's doctor and other health care providers regarding your child's treatment and also the CP symptoms. They will review the evidence and prepare for trial. This could include getting expert witness testimony to support your assertions and countering the defense's arguments.

If medical experts believe that your child's CP was caused by negligence at the hands of a medical professional the lawyer will file an action in civil court with your local court. You may only have a certain amount of time, contingent on the laws in your state, to file a lawsuit. Your lawyer will explain these rules to you. If you don't file within the time limit the claim will be thrown out.

Case Filing

If a medical lapse during pregnancy, childbirth or immediately after birth causes your child's cerebral palsy, you might be eligible to make a claim and seek compensation for the damages. If you are successful in your case the settlement for cerebral palsy may pay for all of the expenses of your family as well as the ongoing treatment and care.

A seasoned attorney will review your case and determine whether you have a legitimate claim against medical professionals responsible for your child’s injuries. Your lawyer will then collect all types of documentation to prove your claim. This could include scans of images and medical records of both the mother and child, reports from people who witnessed your child's birthing process, and other evidence. Your lawyer will file your lawsuit once the evidence has been collected. You will be the plaintiff while the hospital or doctor that caused the injury to your child will be the defendant.

Your cerebral palsy case may be settled within a few months if the defendant accepts responsibility. If the defendants deny responsibility or if the injuries suffered by your child were serious, you might need to go to trial. During trial your lawyer will present the evidence before a jury or judge who will decide on liability and the amount of compensation your child should be awarded.

Trial

After your lawyer has collected all of the necessary information and documents, they can start making the 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 will have the time to respond, usually within 30 days.

Discovery is the next phase of the legal process. Both sides will draft documents to support their position. Your attorney will work with medical experts and Cerebral Palsy lawyer witnesses to gather additional evidence to support your case. Following this, a court will schedule pre-trial conference to discuss the case.

Settlement agreements are commonly used to settle medical negligence cases instead of the jury verdict. Settlement agreements are quicker and more affordable for both parties. Your lawyer will work hard to help you reach an acceptable settlement amount. The amount you settle must include the future expenses of your child as well as losses.

Many families of children with CP are encouraged by the fact that their medical team has been held accountable for their actions. This can help families redefine their lives and move forward with confidence. It can also help raise awareness of families that are experiencing similar circumstances.