cerebral palsy law firm Palsy Lawsuit Settlements

Cerebral palsy lawsuit settlements can help families pay for the costs of treatment and care for their child. The average family requires upwards of $1,000,000 to cover medical expenses related to cerebral palsy throughout a lifetime.

Although every cerebral-palsy case is different, the majority of cerebral palsy lawsuits look similar. In a free case review, an experienced lawyer can determine whether you have a valid claim.

Statute of Limitations

Cerebral dysplasia is a serious condition that can leave a lasting impact on children and their families. Children with cerebral palsy are subject to many medical costs. This can include everything from therapy to specialized equipment. In extreme cases, children with cerebral palsy might require around-the-clock or part-time treatment. Compensation can help with the expenses.

A cerebral palsy claim can be a complex legal process, and it is important to be aware of the laws in your state regarding medical malpractice claims. A lot of states have statutes or limitations that place a time limitation on how long you can file a lawsuit after an illegal event occurs. If you fail to meet this deadline the court may dismiss your case.

Although the laws of every state differ, they all allow citizens to pursue personal injury lawsuits which include those related to medical malpractice. It is recommended to contact a lawyer who specializes in cerebral palsy whenever you suspect that a medical expert or a medical facility has caused your child's CP.

Kansas for instance permits two years to expire from the date of the malpractice. Kentucky is one of the states that is more strict when it comes to this type of case and only permits citizens to find the harm within one year.

Gathering Evidence

Physical and occupational therapy is frequently required for victims of cerebral palsy. Parents might have to remodel their homes and purchase special equipment, such as wheelchairs. These expenses can be very expensive and a lawsuit may aid the family in obtaining the compensation needed to cover the medical bills and increase the quality of life of their child.

A medical malpractice claim is usually dependent on whether a physician's actions or decisions fell short of the standard of care given the circumstances. Your attorney will review the child's medical records from birth through early childhood, pregnancy, and the beginning of their lives to determine whether CP symptoms were preventable with better medical care.

Your lawyer will also talk to your child's doctors and other health care providers about your child's treatment, and also the CP symptoms. They will examine all evidence and prepare for trial. This could include obtaining expert testimony to support of your assertions and disproving defense arguments.

If the medical experts are of the opinion that your child's CP was caused by negligence at the hands of a medical professional and your lawyer files a civil lawsuit with your local court. You could be granted a limited amount of time, depending on the laws of your state, to bring a lawsuit. Your attorney will explain these rules. If you don't file within the timeframe of the statute of limitations, your claim will be rejected.

Case Filing

If a medical error during pregnancy, childbirth or in the initial few weeks after birth led to your child to develop cerebral paralysis, you may be able to bring a lawsuit and seek compensation for the damages. A successful claim for a cerebral palsy settlement can be able to cover the costs of your family including ongoing medical treatment and costs for care.

A knowledgeable attorney will evaluate your case to determine whether you have a legitimate legal claim against the medical professionals responsible for your child's injuries. Your lawyer will then gather all the evidence needed to prove your case. This could include images and medical records from both the mother and the child, Cerebral Palsy lawsuit testimony of witnesses to the child's birth, and other relevant evidence. Once all the evidence needed is gathered then your attorney will present your lawsuit to the court. You will be the plaintiff, and the doctor and hospital who caused your child's injuries will become the defendant.

If the defendant accepts liability, your cerebral palsy lawsuit might be resolved in a matter of months. However, cerebral palsy lawsuit if the defendants dispute liability or the injuries sustained by your child are serious and severe, you may need to go through a trial. In the course of trial your attorney will present evidence before a jury or judge who will determine liability and the amount of compensation your child should be awarded.

Trial

When your attorney has all the information they need they can begin filing your case. They will send the defendants a demand letter asking them to compensate your family and you for the damages resulting from medical negligence. The defendants have a limited time to respond. Usually, this is around 30 days.

Discovery is the next phase of the legal procedure. Both sides will draft documents to prove their sides. Your attorney will collaborate with medical experts and witness to gather additional evidence for your case. After this stage the court will typically organize pre-trial conferences to discuss the case and determine whether or not it is appropriate to proceed to trial.

Many cases of medical malpractice are resolved through settlement agreements instead of the trial verdict. It is faster and less costly for both parties. Your lawyer will work diligently to help you reach an equitable settlement. This amount should include your child's expenses over the long term as well as losses.

Many families of children suffering from CP are encouraged by the fact that their medical staff is accountable for their actions. This can allow families to rethink themselves and move forward with confidence. It can also raise awareness for other families that might be in the same thing.