The 10 Scariest Things About Cerebral Palsy Litigation

Cerebral Palsy Lawsuit Settlements

Settlements for cerebral palsy lawsuits can help families pay for the costs of treatment and care for their child. A typical family will require around $1 million to cover a lifetime of medical expenses related to cerebral palsy.

Each case is different, however the majority of cerebral palsy lawsuits follow similar steps. A lawyer can evaluate your claim during a complimentary consultation.

Statute of limitations

Cerebral Palsy can have lasting effects on children as well as their families. Children who have cerebral palsy face many medical expenses. This can include everything from therapy to specialized equipment. In severe cases, a child with cerebral palsy may require continuous or part-time care. Compensation can help cover the expenses.

It is important to understand the laws in your state concerning medical malpractice claims. Many states have statutes that restrict the time that you can file a claim after an incident that is illegal. If you don't meet this deadline the court may dismiss your case.

While the laws of each state may differ slightly, they all allow citizens to file personal injury lawsuits, including those relating to medical malpractice. If you suspect that a medical professional or establishment caused harm to your child or resulted in their CP, it is essential to consult a knowledgeable cerebral palsy attorneys palsy lawyer as fast as possible to ensure you have enough time to make an injury claim.

For instance for instance, the Kansas statute of limitations in cases involving birth injuries permits two years from the date the negligence occurred. Kentucky is one of the states that is more strict when it comes to this kind of case. It only allows citizens to discover the harm within one year.

Gathering Evidence

Many people with cerebral palsy require lifelong care, including physical and occupational therapy. Their parents may have to remodel their homes and purchase special equipment, like wheelchairs. These medical expenses could be quite costly. 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 based on whether the doctor's actions fell below the standard treatment in the particular circumstances. Your attorney will look over the child's medical records from birth to early childhood, pregnancy and even birth to determine whether CP symptoms were preventable with better medical treatment.

Your attorney will also speak to the doctors and other health professionals about the treatment of your child as well as CP symptoms. They will review the evidence and prepare the case for trial. This may include getting expert testimony to support of your arguments and contesting defense arguments.

If medical experts confirm that your child's CP was the result of negligence on the part of a doctor and your lawyer files an action in civil court with your local court. You may only have a certain amount of time, based on the laws of your state in order to start a lawsuit. Your lawyer will explain these rules. If you fail to file your claim within the statute of limitations, your claim will be thrown out.

Case Filing

If a medical error during pregnancy, childbirth, or in the initial few weeks following birth caused your child to develop cerebral palsy, you may be able 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 the ongoing costs of treatment and care.

A seasoned attorney will review your case and determine if you have a strong claim against medical professionals accountable for your child's injuries. Your lawyer will gather all types of documentation to support your claim. This may include imaging scans and medical records from both the mother and child, reports from witnesses to the birth of your child and other relevant evidence. Once all the evidence needed is collected and your lawyer has completed the formal process, you will submit your lawsuit to the court. You are the plaintiff and the hospital or doctor that caused the injury to your child will be the defendant.

If the defendant accepts responsibility the cerebral palsy lawsuit could be resolved in a matter of months. If the defendants deny liability or if your child's injuries were severe, you could be required to go to court. During the trial the lawyer will present all of the evidence before a judge or jury who will then render an opinion on liability and a fair amount of compensation for the losses of your child.

Trial

When your lawyer has all the relevant information they will be able to begin filing your case. They will send a demand letter to the defendants requesting that they compensate you and your family for the damages related to the medical negligence. The defendants will be given an amount of time to respond, usually around 30 days.

The next step of the legal process is discovery. This is where both sides create documents and evidence to support their side of the truth. Your lawyer will collaborate with medical experts and witnesses to gather additional evidence for your case. After this phase the court will set a pre-trial conferences to discuss the case.

Settlement agreements are typically used to settle medical malpractice cases rather than the jury verdict. Settlement agreements are quicker and more affordable for both parties. Your lawyer will do everything to help you reach an appropriate settlement amount. This amount should be based on your child's expenses over the long term as well as losses.

Many families of children with CP feel secure knowing that their medical team was held accountable for their actions. This can help families rethink themselves and move forward with confidence. It can also help raise awareness of other families in similar circumstances.