The Ultimate Cheat Sheet On Cerebral Palsy Litigation

Cerebral Palsy Lawsuit Settlements

Cerebral palsy lawsuit settlements can help families pay for the cost of treatment and care for their child. A typical family will require around $1 million to cover their lifetime medical expenses associated with cerebral palsy.

While every cerebral palsy case is different, the majority palsy lawsuits look similar. An attorney can assess your claim in a free consultation.

Statute of limitations

Cerebral Palsy is a serious condition that can have a long-lasting impact on children and their families. Children suffering from cerebral palsy incur a lot of medical costs. This could include everything from therapy to special equipment. In the most severe cases, a child with cerebral palsy may require 24/7 or part-time care. Compensation may help to cover the expenses.

It is important to know the laws in your state regarding medical malpractice claims. Many states have laws that restrict the time in which you are able to file a claim after an incident that is illegal. If you miss the deadline the court could dismiss your claim.

Although every state's laws differ in a small way, most states allow citizens a few years to file personal injury claims, including those related to medical malpractice. You should contact a cerebral palsy lawyer immediately if you suspect a medical expert or a medical facility has caused your child's CP.

For example, the Kansas statute of limitations in cases of birth injuries allows two years from when the negligence occurred. Kentucky is one of the states that are more strict when it comes to such cases and provides citizens with a year to discover the harm.

Gathering Evidence

Many patients with cerebral palsy require ongoing care which includes occupational and physical therapy. Parents may have to change their home or purchase equipment such as wheelchairs. The medical costs can be costly. A lawsuit may assist the family with the money needed to pay these costs and improve the quality of life of the child.

A medical negligence case is typically based on whether the doctor's actions and choices did not meet the standards of care in the circumstances. Your attorney will review the records of your child's birth through early childhood, pregnancy, and the beginning of their lives to determine whether CP symptoms could be prevented with better medical treatment.

Your lawyer will also talk to the doctors and other health professionals about your child's treatment as well as CP symptoms. They will examine the evidence and prepare the case for trial. This may include getting expert testimony to the defense of your claims as well as debunking defense arguments.

If the medical experts agree that your child's CP was caused by negligence in the medical field, your lawyer will file an administrative complaint in the local court. You may only have a specific amount of time, based on the laws in your state to bring a lawsuit. Your attorney will explain these rules. Your claim could be dismissed when you fail to file your claim within the deadline.

Case Filing

If a medical mishap during childbirth, pregnancy or the first few weeks after birth led to your child to develop cerebral palsy you could be able to bring a lawsuit and seek compensation for the damages. A successful claim for a cerebral palsy settlement could pay for your family's expenses including ongoing treatment and care costs.

An experienced attorney can review your case to determine whether you have a solid legal claim against the medical professionals accountable for the injuries your child sustained. Your lawyer will then gather all the relevant documentation to prove your claim. This could include images and medical records from both the mother and the child, reports from people who witnessed the child's birth, and other evidence. Once the necessary initial evidence has been collected then your attorney will present your lawsuit to the court. You will be the plaintiff while the hospital or doctor that caused the injury to your child will be the defendant.

If the defendant accepts liability, your cerebral palsy lawsuit might be settled in a matter months. If, however, the defendants contest liability or the injuries sustained by your child are serious, you might need to go through trial. During trial your lawyer will present evidence before a jury or judge who will decide liability and the amount of compensation your child will receive.

Trial

When your lawyer has all the information they require and is ready to file your case. They will send an demand letter to defendants, asking them to compensate your family and you for the losses resulting from the medical negligence. The defendants have a specific time to respond. In most cases, this is around 30 days.

Discovery is the next phase of the legal process. Both sides will prepare documents to prove their sides. Your lawyer will work closely with medical experts and witnesses to gather additional evidence to support your case. After this phase the court will typically convene pre-trial conference meetings to discuss the case and decide if it is ready to proceed to trial.

Many instances of medical malpractice are settled by settlement agreements, rather than the trial verdict. Settlement agreements are quicker and less costly for both parties. Your lawyer will do everything possible to help you reach a fair settlement amount. This amount must take into consideration the future costs of your child and losses.

Many families with children who suffer from CP feel secure knowing that their medical staff was accountable for their actions. This can allow them to rethink their lives and move forward with confidence. It can also raise awareness for other families that may be facing the same thing.