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Cerebral Palsy Lawsuit Settlements

Settlements from cerebral palsy lawsuits could help families pay for the treatment and care of their child. A typical family will require around $1 million to cover a lifetime of medical expenses related to cerebral palsy.

While every case is unique the majority of cerebral palsy lawsuits follow the same steps. An attorney can assess your claim during a free consultation.

Statute of Limitations

Cerebral palsy is a severe condition that can have a lasting impact on children and their families. Children who have cerebral palsy typically suffer from a wide range of medical expenses and can range from treatment to equipment that is specialized to therapy. In extreme cases, children with cerebral palsy may require 24/7 or part-time care. In some cases, compensation may help to cover these expenses.

It is essential to know the laws in your state concerning medical malpractice claims. A lot of states have statutes or limitations that place a limitation on how long you can file a claim after an unconstitutional event occurs. If you fail to file your claim within the timeframe, your case will be dismissed by the court.

While the laws of each state differ however, they all permit citizens to make personal injury lawsuits, for example, those involving medical malpractice. You should contact a cerebral palsy lawyer when you suspect a medical expert or a medical facility has caused your child's CP.

For instance The Kansas statute of limitations in cases involving birth injuries permits two years from the date that the negligence occurred. Kentucky is one stricter state in this kind of case and only permits citizens to identify the harm within a year.

Gathering Evidence

Physical and occupational therapy is typically needed for patients suffering from cerebral palsy. Parents may need to remodel their homes and purchase special equipment, such as wheelchairs. These medical expenses can be costly. A lawsuit can help the family get compensation to pay these bills and make a difference in the life of the child.

A medical malpractice case is usually determined by whether a doctor's actions or decisions fell short of the standard of care in the circumstances. Your attorney will examine your child's medical records since birth, pregnancy and early childhood to determine if CP symptoms could have been prevented by better medical care.

Your lawyer will also talk with the doctors and other health professionals regarding your child's treatment as well as CP symptoms. They will examine the evidence and prepare the case for trial. This could include obtaining expert testimony from witnesses in support of your arguments and debunking defense arguments.

If medical experts agree that the CP in your child was caused by medical malpractice, your lawyer will file an action with the local court. You may only have a certain amount of time, based on the laws of your state to file a lawsuit. Your lawyer will explain these rules to you. Your claim will be deemed to be unfounded when you fail to submit your claim within the time frame.

Case Filing

When a medical mistake during pregnancy, childbirth or right after birth causes your child's cerebral palsy, you could be able to file a lawsuit and pursue compensation for the damages. A successful claim for a cerebral palsy settlement can be able to cover the costs of your family that include ongoing medical treatment and costs for care.

An experienced attorney will review your case and determine if you have a strong claim against medical professionals responsible for the injuries your child sustained. Your lawyer will then collect all the evidence necessary to prove your claim. This may include imaging scans, medical records from both the mother and the child, statements from witnesses to the birth of your child and other evidence. Your attorney will file your lawsuit once the initial evidence has been gathered. You will be the plaintiff and the hospital or doctor that caused the injury to your child will be the defendant.

Your cerebral palsy attorney palsy case may be resolved within a few months when the defendant accepts responsibility. However, if the defendants contest liability or the injuries sustained by your child are serious it could be necessary to go to trial. During the trial, your lawyer will present the evidence to a judge or jury who will determine liability and the amount of compensation your child must receive.

Trial

Once your attorney has all the information they need and is ready to file your case. They will send the defendants a demand note in which they are asked to compensate your family and yourself for any damages caused by medical negligence. The defendants are given a short time to respond. Usually, this is around 30 days.

Discovery is the next stage of the legal procedure. Both sides will prepare documents to prove their sides. Your lawyer will work with medical experts and witnesses to gather additional evidence for your case. After this stage the court will set a pre-trial conferences to discuss the case.

Many instances of medical malpractice are settled through settlement agreements rather than the trial verdict. This is preferable for both parties because it is faster and less expensive. Your lawyer will work diligently to assist you in determining an acceptable settlement amount. The amount you settle for must be based on your child's long-term expenses and losses.

Many families of children with CP are comforted by the fact that their medical staff has been held accountable for their actions. This can help them reimagine their lives and move forward with confidence. It could also help raise awareness for other families who might be experiencing similar situations.