How to File a Cerebral Palsy Lawsuit

If your child has cerebral palsy, you may be in a position to file a lawsuit against the hospital or doctor who caused it. Each case is unique however, most follow the same process. A skilled cerebral palsy attorney can manage all aspects of the process for you.

Your claim is admissible if medical experts establish that the negligence of a doctor, or any other medical professional directly caused the brain injury to your child. Damage awards can be substantial.

Damages

Cerebral Palsy can be a devastating problem for families, in particular because it often requires lifetime medical treatment and care. The emotional burden CP can take on parents can cause them to be exhausted and financially strained.

In a cerebral palsy case families can be compensated for the economic and other damages. Economic damages can include medical expenses future care expenses, as well as lost wages due to of the child's limitations. Non-economic damages include suffering and pain as well as disfigurement, mental distress, and loss in enjoyment of life.

The amount of money awarded in a case of cerebral palsy is contingent upon the amount of damage in the case. However, the average cerebral palsy settlement amounts to $5 million. These figures are taken from our birth injury lawyers' years of experience handling these cases and the outcomes of verdicts and settlements across the nation.

Your attorney will collect all the evidence required to show that the doctor or hospital who delivered your child caused the injuries to your child. They will also develop an expert-designed Life Care Plan that estimates your child's future needs.

A lawyer with registered nurses can listen to your story and determine if the injuries suffered by your child are due to medical negligence during delivery. Then, they will do the tedious work of gathering evidence and contacting witnesses. Most medical professionals will agree to a settlement outside of court. If they don't the case will be brought to trial.

Time limit

If you do not meet the deadline for filing a lawsuit, the court can dismiss your claim. It is recommended to consult a birth injury attorney as early as you can find out about your rights and the deadlines that might apply to your case. The standard deadline for medical malpractice cases is two years. If you represent a minor victim the statute of limitations may be extended until their 20th birthday.

The legal team you choose will also require time to examine your child's case and gather witnesses' testimony and documentation. This step is one of the most important elements of your child's medical malpractice case as it determines how much financial compensation you can be awarded.

You should work with an attorney who specializes in cerebral palsy cases. This will ensure that they're familiar with the complex issues involved in this type of lawsuit. They will be able to construct a strong argument which maximizes the potential of your child for financial recovery.

You should also seek out an attorney that works on contingency. This means that they won't get paid unless they succeed in your case. This can ease the stress of having to pay for a lawyer's services and can help foster trust between you and your legal team. This also means that your attorney will not consider your claim if he/she believes does not believe you have a good shot at winning.

Find an attorney

Cerebral palsy lawsuits are often filed by families whose children have been injured because of negligence by a medical professional. If you suspect that your child's cerebral ailment was caused by a mistake made by doctors, you should consult a lawyer immediately. The statute of limitations is a state law that defines the time frame you are able to pursue legal action.

Find a lawyer who is specialized in medical malpractice. They will have the expertise and resources to take on the hospital and the doctors in your case. They can also examine the medical documents of your family, examine the medical procedures which were used during the birth, and determine whether the injuries could have possibly been avoided if those responsible for the birth been more vigilant.

Most cerebral palsy lawsuits are settled out of court, and a knowledgeable lawyer can negotiate an acceptable settlement to your family. There are compensation caps that may limit what you can receive.

A person suffering from CP is likely to require regular medical care and treatment. It can be costly and therefore it is important to get legal advice as soon as you can. A CP lawsuit could help you recover expenses of taking care of your child as well as provide the feeling of justice.

Filing a lawsuit

Cerebral Palsy can be an incredibly debilitating condition that affects every aspect of the child's life. The condition can lead to cognitive and physical disabilities, which require ongoing treatment and medical care. A successful legal case could provide the funds necessary to let a cerebral palsy child lead a full and happy life.

Parents who file lawsuits for cerebral palsy often seek to recover compensation for medical mistakes made during pregnancy or at birth by doctors or other health-care providers. This is known as medical malpractice. A cerebral palsy lawyer will look over the details of your case and determine if you have an appropriate legal claim.

A lawyer can help you in bringing an action against a physician or medical team that is accountable for the injuries suffered by your child. The lawyer may consult medical experts to prove that a error of the doctor was responsible for the injuries your child sustained. Expert witnesses can provide specific evidence of the injury and its long-term consequences including the cost associated with your child's ongoing treatment.

The majority of cerebral palsy lawsuits are settled rather than going to trial which can be expensive and time-consuming. A lawyer can assist in determining which settlement method is best for your particular situation. A lawsuit can help to raise awareness about this common form of medical malpractice. This can help other families avoid similar mistakes in the future.