cerebral palsy attorney Palsy Lawsuit Settlements

Settlements for cerebral palsy lawsuits can aid families in covering the cost of treatment and care for their child. The average family will need more than $1,000,000 to cover the medical expenses related to cerebral palsy over the course of an entire lifetime.

Although every case is unique the majority of cerebral palsy lawsuits have similar steps. A lawyer can assess your claim during a complimentary consultation.

Statute of limitations

Cerebral palsy can have a long-lasting impact on children and their families. Children suffering from cerebral palsy incur lots of medical expenses. This could range from therapy to special equipment. In extreme cases, a child suffering from cerebral palsy might require around-the-clock or part-time assistance. Compensation can help cover the cost.

A cerebral palsy lawsuit can be a complex legal process and it is crucial to know the laws of your state regarding medical malpractice claims. A lot of states have statutes or limitations that place a time limit on the time you can file a claim following an illegal event has occurred. If you miss the deadline and file a claim, it will be dismissed by the court.

While the laws of each state may differ slightly but they all allow citizens to make personal injury lawsuits, including those that relate to medical malpractice. You should seek out an attorney for cerebral palsy when you suspect that a medical professional or a facility caused your child's CP.

Kansas for instance, allows two years to expire from the date of the malpractice. Kentucky is a more strict state in this type of case and only allows citizens to discover the harm within a year.

Gathering Evidence

Physical and occupational therapy is typically required for victims of cerebral palsy. Parents might have to modify their homes and purchase special equipment, like wheelchairs. These costs can be expensive and a lawsuit could help the family receive the compensation needed to cover these medical expenses and improve the quality of life for their child.

A medical malpractice lawsuit is typically the result of determining if a doctor's actions or decisions fell short of the standard of care under the circumstances. Your lawyer will go over your child's medical records since 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 speak with your child's doctor and other health professionals regarding the treatment your child receives, and also the CP symptoms. They will analyze all evidence and prepare for trial. This could include obtaining expert testimony to support of your arguments and disproving defense arguments.

If the medical experts are of the opinion that your child's CP was caused by negligence on the part of a doctor and your lawyer files an action in civil court with your local court. Based on the laws of your state and regulations, you may have only a short time to submit an action. Your attorney will explain these rules to you. Your claim will be deemed to be unfounded in the event that you fail to file within the time limit.

Case Filing

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

An experienced attorney will review your case and determine whether you have a legitimate claim against medical professionals responsible for the injuries your child sustained. Your lawyer will then gather all documentation to support your claim. These could include medical records for both the mother and the child witnesses' reports of the birthing process of your child, as well as other evidence. Your lawyer will file your lawsuit once the evidence has been collected. You will become the plaintiff, while the doctor and hospital that caused your child's injuries will be the defendant.

If the defendant accepts responsibility the cerebral palsy lawsuit might be settled in a matter of months. If the defendants disagree on liability or the injuries sustained by your child are serious, you might need to go to trial. During the trial your lawyer will argue all evidence in your case before a judge or jury who will then render a verdict determining the extent of liability and a fair amount of compensation for the losses of your child.

Trial

Once your attorney gathers all the required information, they can begin filing your case. They will send the defendants a demand notice asking them to compensate you family and yourself for any injuries resulting from medical negligence. The defendants will be given only a short time to respond, usually approximately 30 days.

The next stage of the legal process is discovery. This is the time when both sides prepare documents and evidence to prove their side of the truth. Your attorney will work with medical experts and witness to gather more evidence for your case. Following this the court will schedule a an initial conference to discuss your case.

Settlement agreements are usually used to settle medical malpractice cases, instead of the jury verdict. Settlement agreements are quicker and less costly for both parties. Your lawyer will do their best to reach an appropriate settlement amount. The amount you settle for must include your child's expenses over the long term as well as losses.

Many families of children who have CP are reassured by the fact that their medical team is accountable for their actions. This can help families redefine their lives and move forward with confidence. It could also help raise awareness for other families who may be facing similar situations.