Cerebral Palsy Lawsuit Settlements

Settlements for cerebral palsy lawsuits can help families cover the cost of treatment and care for their child. A typical family will require more than $1 million to cover a lifetime's worth of medical expenses related to cerebral palsy.

Each case is different, however The majority of cerebral palsy lawsuits have similar steps. A lawyer can assess your case during a no-cost consultation.

Statute of Limitations

Cerebral dysplasia is a serious condition which can have a lasting impact on children and their families. Children suffering from cerebral palsy incur a lot of medical expenses. This could include everything from therapy to specialized equipment. In the most severe cases, a child with cerebral palsy attorney palsy may require continuous or even part-time care. The process of obtaining compensation can help cover these costs.

It is important to understand the laws in your state concerning medical malpractice claims. There are many states with statutes of limitations that place a time limit on the time you can file a lawsuit after an illegal event occurs. If you don't meet this deadline the court may dismiss your case.

Although the laws in each state differ but they all allow citizens to pursue personal injury lawsuits which include those related to medical malpractice. If you suspect that an individual or a establishment caused harm to your child or resulted in the development of CP it is imperative to consult a knowledgeable cerebral palsy lawyer as soon as you can so that you have enough time to make claims.

For example, the Kansas statute of limitations in cases involving birth injuries permits two years from the date the malpractice occurred. Kentucky is one of the stricter states when it comes to these types of cases and provides citizens with a year to identify the harm.

Gathering Evidence

Many patients suffering from cerebral palsy require care for the rest of their lives, including physical and occupational therapy. Their parents may have to remodel their homes and purchase special equipment, like wheelchairs. These expenses are often very expensive and a lawsuit may help the family get compensation to cover these medical expenses and improve the quality of life for their child.

A medical malpractice claim is typically dependent on whether a physician's actions or decisions were not in line with the standards of care required under the circumstances. Your attorney will look over the records of your child's birth, pregnancy and early childhood to determine if CP symptoms could have been prevented by better medical care.

Your attorney will also speak to your child's physicians as well as other health care professionals regarding your child's medical treatment as well as the CP symptoms. They will go through all evidence and prepare for trial. This could include obtaining expert testimony to support of your claims and disproving defense arguments.

If medical experts believe that the CP in your child was the result of medical negligence, your lawyer will file an action with the local court. Based on the laws of your state and regulations, you may have a limited amount of time to file a claim. Your lawyer will explain to you these rules. Your claim is dismissed if you do not submit your claim within the time frame.

Case Filing

If a medical mishap during childbirth, pregnancy or in the initial few weeks following birth caused your child to develop cerebral palsy you could be able to make a claim and seek compensation for the damages. A successful claim for a cerebral palsy settlement can cover your family's expenses including the ongoing costs of treatment and care.

An experienced attorney can review your case to determine if you have a strong legal claim against the medical professionals responsible for the injuries your child sustained. Your lawyer will then gather all the evidence needed to prove your claim. This could include scans of images and medical records of both the mother and child, testimony from those who witnessed the birth of your child and other evidence. Once the necessary initial evidence is collected your attorney will submit your lawsuit to the court. You will become the plaintiff, while the hospital and doctor that caused your child's injuries will be the defendant.

Your cerebral palsy issue could be resolved within a few months if the defendant accepts the responsibility. If the defendants claim they are not responsible or if your child's injuries were serious, you might need to go to trial. During trial, your attorney will present evidence to a judge or jury who will determine the liability and the amount of compensation your child will be awarded.

Trial

Once your attorney has all the necessary information, they can start filing your case. They will send the defendants a demand note asking them to pay your family and yourself for any injuries resulting from medical negligence. The defendants are given a certain time to respond. Usually, this is around 30 days.

Discovery is the next phase of the legal process. Both sides will prepare documents to prove their side. Your lawyer will work with experts and witnesses to gather additional evidence to support your case. After this phase, the court will usually convene pre-trial conference meetings to discuss the case and determine whether it is ready to go to trial.

Many cases of medical malpractice are resolved through settlement agreements rather than the trial verdict. It is more efficient and less costly for both parties. Your lawyer will do everything possible to help you reach an acceptable settlement amount. The amount you settle must be based on your child's future expenses and losses.

Many families with children who suffer from CP feel secure knowing that their medical team was held accountable for their actions. This can help them envision their lives and move forward with confidence. It could also help to raise awareness of other families who are in similar circumstances.