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Cerebral Palsy Lawsuit Settlements

Cerebral palsy lawsuit settlements can aid families in covering the cost of treatment and care for their child. The average family needs more than $1,000,000 to cover the medical expenses related to cerebral palsy over a lifetime.

Although each case is unique, most cerebral palsy lawsuits follow the same steps. An attorney can assess your claim in a free consultation.

Statute of Limitations

Cerebral dysplasia is a serious condition that can have a lasting impact on children and their families. Children with cerebral palsy are subject to numerous medical costs. This can include everything from therapy to specialized equipment. In severe cases, a child suffering from cerebral palsy might require around-the-clock or part-time assistance. Compensation can help pay for the cost.

It is essential to know the laws in your state concerning medical malpractice claims. There are many states that have laws that limit the time for which you can make a claim following an unconstitutional event. If you don't file by the deadline and file a claim, it will be dismissed by the court.

While every state's laws differ slightly, most allow citizens to have a few years to make personal injury claims for personal injury, including those involving medical negligence. You should seek out a cerebral palsy lawyer immediately if you suspect that a medical professional or facility has caused your child's CP.

For example for instance, the Kansas statute of limitations in a birth injury case allows two years from the date the mistake occurred. Kentucky is among the stricter states when it comes to these kinds of cases and only gives its citizens one year to determine the damage.

Gathering Evidence

Many victims of cerebral palsy need lifelong care including occupational and physical therapy. Parents may have to modify their home and purchase special equipment, such as wheelchairs. These costs can be expensive and a lawsuit could help the family receive the compensation needed to cover these medical bills and improve their child's quality of life.

A medical malpractice claim is usually the result of determining if a doctor's actions or choices fell below the standard of care given the circumstances. Your attorney will look over the records of your child's birth through early childhood, pregnancy, and the beginning of their lives to determine if CP symptoms could have been prevented with better medical treatment.

Your attorney will also speak with your child's doctors and other health care professionals regarding your child's medical treatment in addition to the CP symptoms. They will analyze the evidence and prepare the case for trial. This may include getting expert testimony from witnesses in the defense of your claims as well as refuting defense arguments.

If medical experts believe that the CP in your child's body was due to medical malpractice, your lawyer will file an action in your local court. Based on the laws in your state, you may have an amount of time to file an action. Your attorney will explain these rules to you. If you don't file within the timeframe set by the statute of limitations the claim will be thrown out.

Case Filing

If a medical lapse during pregnancy, childbirth or in the initial few weeks following birth caused your child to develop cerebral palsy, you may be eligible to make a claim and seek compensation for the damages. If you're successful with your claim the settlement for cerebral palsy could be enough to cover your family's expenses, including ongoing care and treatment.

An experienced attorney can review your case to determine whether you have a solid legal claim against the medical professionals responsible for your child's injuries. Your lawyer will gather every kind of evidence to prove your claim. This could include images and medical records of both the mother and the child, statements of witnesses to the birth of your child, and other evidence. Once all the evidence needed is collected then your attorney will bring your case to court. You will be the plaintiff, while the hospital and doctor who caused your child's injuries will be the defendant.

If the defendant accepts liability the cerebral palsy lawsuit could be resolved in a matter of months. However, if the defendants dispute liability or the injuries sustained by your child are serious it could be necessary to go through a trial. During the trial your lawyer will present all evidence in your case to a judge or jury who will make an opinion on liability and a fair amount of compensation for the loss of your child.

Trial

After your lawyer has collected all of the necessary information the attorney can commence making the case. They will send an demand letter to defendants, asking them to compensate you and your family members for the damages related to the medical negligence. The defendants are given a certain time to respond. The typical timeframe is around 30 days.

The next stage of the legal process is discovery. This is when both sides prepare documents and evidence to prove their side of the truth. Your lawyer will work closely with experts and witnesses to gather additional evidence to support your case. After this stage the court will typically hold pre-trial meetings to discuss the case and determine whether it is ready to go to trial.

A large number of cases of medical negligence are settled through settlement agreements rather than a trial verdict. It is faster and less costly for both parties. Your lawyer will do everything possible to assist you in reaching an appropriate settlement amount. This amount must consider the cost of your child's future expenses and losses.

Many families of children who have 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 can also raise awareness for other families who may be facing the same thing.