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Cerebral Palsy Lawsuit Settlements

Settlements for cerebral palsy lawsuits can help families cover the cost of treatment and care for their child. The average family requires at least $1,000,000 to cover medical expenses related to cerebral palsy over an entire lifetime.

Although each case is unique, most cerebral palsy lawsuits follow the same steps. In a free case review an experienced lawyer will determine if you have a strong claim.

Statute of Limitations

Cerebral palsy has lasting effects on children and their families. Children suffering from cerebral palsy incur numerous medical costs. This could range from therapy to special equipment. In extreme cases, a child suffering from cerebral palsy may require continuous or even part-time care. Compensation can help with the expenses.

A cerebral palsy lawsuit can be a lengthy legal process, and it is important to be aware of your state's laws regarding medical malpractice claims. A lot of states have statutes or limitations that place a time limit on the time you can file a lawsuit after an unconstitutional event occurs. If you miss the deadline your case will be dismissed by the court.

Although every state's laws differ slightly, most allow citizens a few years to claim personal injury compensation for personal injury, including those involving medical malpractice. It is recommended to contact a lawyer for cerebral palsy whenever you suspect that a medical expert or a medical facility has caused your child's CP.

Kansas, for example, allows two years to be passed from the date of the malpractice. Kentucky is among the states with the most stringent laws when it comes to these kinds of cases and only gives its citizens one year to determine the damage.

Gathering Evidence

Physical and occupational therapy is usually required for those suffering from cerebral palsy. Parents may need to modify their homes and purchase special equipment, like wheelchairs. The medical costs can be very expensive. A lawsuit may aid the family to receive compensation to pay these bills and enhance the quality of life for the child.

A medical malpractice claim is usually the result of determining if a doctor's actions or decisions fell short of the standards of care required under the circumstances. Your attorney will look over the child's medical records from birth through early childhood, pregnancy, and the beginning of their lives to determine if CP symptoms could be prevented with better medical care.

Your attorney will also speak with the doctors and other health professionals about the treatment of your child as well as CP symptoms. They will examine the evidence and prepare for trial. This could include obtaining expert witness testimony to support your assertions and countering the defense's arguments.

If medical experts agree that the CP in your child was the result of medical negligence the lawyer will file a complaint at your local court. According to the laws of your state you may have an amount of time to file an action. Your attorney will explain to you these rules. Your claim will be deemed to be unfounded if you fail to file within the specified time.

Case Filing

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

An experienced attorney will analyze your case and determine whether you have a valid claim against the medical professionals who are responsible for your child’s injuries. Your lawyer will then gather all documentation to support your claim. This could include medical records for both mother and child, witness accounts of the birthing process of your child, and other relevant proof. Once the necessary initial evidence has been gathered then your attorney will file your lawsuit in court. You are the plaintiff and the hospital or doctor who caused your child's injury will be the defendant.

If the defendant accepts responsibility and you have a cerebral palsy case, it could be resolved in just a few months. If the defendants deny responsibility or if the injuries suffered by your child were severe, you may have to go to trial. In the course of trial, your lawyer will present the evidence before a jury or judge who will decide liability and the amount of compensation your child will be awarded.

Trial

When your attorney has all the information they need and is ready to file your case. They will send the defendants a demand note asking them to compensate your family and you for damages caused by medical negligence. The defendants are given a short time to respond. The typical timeframe is approximately 30 days.

Discovery is the next phase of the legal procedure. Both sides will prepare documents to show their side. Your attorney will work closely with experts and witnesses to gather additional evidence for your case. Following this stage, the court will usually schedule pre-trial conferences to discuss the case and decide whether or not for trial.

Many cases of medical malpractice are resolved by settlement agreements instead of a trial verdict. This is preferable for both parties as it is cheaper and quicker. Your lawyer will work diligently to assist you in determining an equitable settlement. This amount will need to be based on your child's long-term expenses and losses.

Many families of children with CP feel secure knowing that their medical staff was held accountable for their actions. This can help families reimagine themselves and move forward with confidence. It may also help in raising awareness of families that are experiencing similar circumstances.