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How to File a Cerebral Palsy Lawsuit

You may be able to file a lawsuit if your child has cerebral paralysis. Every case is different 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 error of a doctor, or any other medical professional directly caused the brain injury in your child. Damage awards can be significant.

Damages

Cerebral palsy can be devastating problem for families, especially because it is often a lifelong medical treatments and care. The emotional burden CP can impose on parents can leave them feeling exhausted and financially strapped.

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

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

When you start a cerebral palsy lawsuit your lawyer will gather all kinds of documentation to prove that your child's medical injuries were caused by the doctor and hospital involved in your child's birth. They will also create an expert-designed Life Care Plan that estimates your child's future needs.

A reputable lawyer who has registered nurses on staff will be competent to listen to your story and determine if the injuries suffered by your child were caused by medical negligence during labor and delivery. They will then do the tedious work of gathering evidence and contacting witnesses. Most medical professionals will decide to settle the case outside of court. If they don't, the case could be tried in court.

Time limit

If you don't meet the deadline for filing a lawsuit, the court could dismiss your claim. You should consult a birth injury attorney as soon as possible to know your rights and the deadlines that may apply to your case. The statute of limitations in medical malpractice cases typically is two years. If you represent a minor victim of medical negligence, then the statute of limitations may be extended to the 20th birthday of the victim.

The legal team you choose will also need time to review your child's case and collect witnesses' testimony and documentation. This is an essential step in your child's medical negligence lawsuit because it will determine the amount of compensation you will receive.

You should work with an attorney who specializes in cerebral palsy cases. This will ensure that they're knowledgeable of the complicated issues that arise in this type lawsuit. They'll be able to build a strong case which maximizes the potential of your child for financial recovery.

In addition, you should find an attorney who works on contingency. This means that they won't receive a fee unless they win your case. This can reduce the stress that comes with paying for attorney's service, and build trust between your legal team and your. This also means that your attorney will not consider your claim if she doesn't think you have a chance of winning.

Find an attorney

Families with children who are injured due to negligence by a medical professional often make claims for cerebral palsy. If you believe that your child's cerebral palsy was caused by a mistake by the doctor, seek out a lawyer as soon as possible. State laws called statutes of limitations dictate how long you are required to take legal action in these cases.

Find a lawyer who specializes in medical malpractice. They will have the experience and resources to take on the hospital and doctors involved in your case. They can also review the medical records of your family members, examine the medical procedures that were utilized during childbirth, and determine whether the injuries could have been avoided had the individuals responsible for the birth been more vigilant.

Most cerebral palsy lawsuits are settled outside of court, and a skilled lawyer can negotiate a fair settlement to your family. Be aware of caps on compensation however, which could limit the amount you can receive.

A person with CP is likely to require regular medical care and treatment. This can be costly, and it is important to seek legal advice as soon as possible. A CP lawsuit will help you recover the costs of caring for your child, and can also give you an awareness of justice.

Filing a lawsuit

Cerebral palsy can be a devastating condition that can impact every aspect of a child's life. The condition can cause cognitive and physical disabilities which require ongoing therapy and medical care. A successful legal lawsuit could be able to provide the funds to let a cerebral palsy child live a healthy, happy life.

Many parents who file cerebral palsy lawsuits seek compensation for the medical errors made by doctors or other health care professionals during the birth and pregnancy. This is referred to as medical malpractice. A cerebral palsy lawyer will examine the specifics of your case and determine if you have a valid legal claim.

A lawyer can assist you in filing an action against a doctor or medical team that is responsible for the injury of your child. They can consult with medical experts to establish that the mistake of the doctor caused the injury to your child. Expert witnesses can provide detailed evidence of the injuries and their long-term effects, including the costs associated with the ongoing treatment for your child.

The majority of cerebral palsy lawsuits are settled much more than going to trial which can be expensive and time-consuming. A lawyer can assist you in deciding on the type of settlement that is appropriate for your particular situation. A lawsuit can help you increase awareness of this prevalent type of medical negligence. This will help prevent similar errors in the future.