The Three Greatest Moments In Cerebral Palsy Litigation History

Cerebral Palsy Lawsuit Settlements

Cerebral palsy lawsuit settlements can help families pay for the cost of treatment and care for their child. The average family will need around $1 million to cover their lifetime medical expenses related to cerebral palsy.

Although every cerebral-palsy case is different, the majority of cerebral palsy lawsuits look similar. An attorney can assess your claim during a complimentary consultation.

Statute of Limitations

Cerebral palsy is a serious condition which can have a lasting impact on children and their families. Children with cerebral palsy are subject to a lot of medical costs. This could range from therapy to specialized equipment. In extreme instances, children with cerebral palsy might require round-the-clock all-hours or part-time assistance. Compensation can help pay for the expenses.

It is important to know the laws in your state regarding medical malpractice claims. Many states have statutes of limitations that place a limitation on how long you are allowed to file a claim after an illegal event has occurred. If you fail to meet this deadline the court could dismiss your case.

While each state's laws vary slightly, most allow citizens a few years to file personal injury claims which include claims relating to medical negligence. It is recommended to contact a cerebral palsy lawyer as soon as you suspect a medical expert or a medical facility has caused your child's CP.

Kansas for instance permits two years to pass from the date of the error. Kentucky is among the stricter states when it comes to these kinds of cases. It only gives its citizens one year to find out what caused the harm.

Gathering Evidence

Many people with cerebral palsy law firm palsy need lifelong care including occupational and physical therapy. Their parents may have to remodel their homes and purchase special equipment, such as wheelchairs. These expenses are often very expensive and a lawsuit could help the family receive compensation to pay these medical bills and improve their child's quality of life.

A medical malpractice claim is usually determined by whether a doctor's actions or decisions were not in line with the standard of care in the circumstances. Your attorney will look over your child's birth, pregnancy and early infancy documents and other evidence to determine if the CP symptoms could have been avoided with better medical care.

Your attorney will also speak to the doctors and other health experts about your child's treatment as well as CP symptoms. They will evaluate the evidence and prepare the case for trial. This could include obtaining expert witness testimony in support of your arguments and disproving defense arguments.

If medical experts agree that the CP in your child was the result of medical negligence the lawyer will file a complaint with your local court. Based on the laws of your state and regulations, you may have the time to make an action. Your lawyer will explain these rules. If you don't file within the statute of limitations your claim will be dismissed.

Case Filing

If a medical error during pregnancy, childbirth or in the first few weeks following birth caused your child to develop cerebral palsy, you may be able to start a lawsuit and claim compensation for the damages. If you're successful in your case the settlement for cerebral palsy could pay for all of your family's expenses including regular care and treatment.

An experienced attorney will review your case to determine whether you have a strong legal claim against the medical professionals accountable for your child's injuries. Your lawyer will then collect all the relevant documentation to prove your claim. This could include scans of images as well as medical records from the mother and child, reports from those who witnessed your child's birthing process, and other evidence. Your lawyer will file your lawsuit after the evidence has been collected. You will become the plaintiff, while the doctor and hospital who caused your child's injuries will become the defendant.

If the defendant accepts liability the cerebral palsy lawsuit might be settled in a matter months. If the defendants dispute liability, or your child's injuries are severe it could be necessary to go through trial. During trial, your attorney will present evidence before a jury or judge who will decide liability and the amount of compensation your child is entitled to be awarded.

Trial

After your lawyer has gathered all of the necessary information and documents, they can start filing your case. They will send the defendants a demand note asking them to compensate your family and yourself for any the damages resulting from medical negligence. The defendants have a limited time to respond. In most cases, this is around 30 days.

The next phase of the legal process is discovery. This is when both sides prepare documents and evidence to support their side of the story. Your attorney will collaborate with medical experts and witness to gather additional evidence to support your case. After this phase the court will arrange a pre-trial conference to discuss the case.

Settlement agreements are often used to settle medical negligence cases, rather than the jury verdict. Settlement agreements are quicker and more affordable for both parties. Your lawyer will work hard to reach an acceptable settlement amount. The amount you settle must be based on your child's future expenses and losses.

Many families of children with CP are encouraged by the fact that their medical team has been held accountable for their actions. This can help them envision their lives and move forward with confidence. It can also increase awareness for other families who might be experiencing similar circumstances.