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Cerebral Palsy Lawsuit Settlements

Cerebral palsy lawsuit settlements can help families pay for the costs of treatment and care for their child. The average family will need at least $1,000,000 to cover all medical costs associated with cerebral palsy throughout the course of.

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

Statute of Limitations

cerebral palsy law firm Palsy is a serious condition that can have a long-lasting impact on children and their families. Children with cerebral palsy usually have a significant medical bill and can range from treatment to specialized equipment to therapy. In extreme cases, children suffering from cerebral palsy may require round-the clock or part-time care. Compensation can help pay for these costs.

It is important to know the laws in your state regarding medical malpractice claims. There are many states that have laws that limit the time for which you can file a claim after an unlawful event. If you do not meet this deadline the court could dismiss your case.

Although the laws of each state vary slightly in their laws, all states allow citizens to make personal injury lawsuits, including those that relate to medical malpractice. It is recommended to contact a lawyer who specializes in cerebral palsy law firms palsy whenever you suspect that a medical professional or facility has caused your child's CP.

For instance, the Kansas statute of limitations in a birth injury case allows two years from the date the error occurred. Kentucky is one of the more strict states in these types of cases and only allows citizens one year to discover the harm.

Gathering Evidence

Many patients with cerebral palsy require lifelong care including occupational and physical therapy. Parents may have to alter their home and acquire special equipment like wheelchairs. These medical expenses could be quite costly. A lawsuit can aid the family in obtaining compensation to pay for these expenses and improve the quality of life of the child.

A medical negligence case is usually based on whether the doctor's actions or decisions were in violation of the standard of treatment in the particular circumstances. Your attorney will examine your child's medical records since birth through early childhood, pregnancy, and the beginning of their lives to determine if CP symptoms could be prevented with better medical treatment.

Your attorney will also talk to doctors and other health professionals regarding your child's treatment as well as CP symptoms. They will review the evidence and prepare for trial. This could include obtaining expert testimony to the defense of your claims as well as disproving defense arguments.

If medical experts confirm that your child's CP was the result of negligence at the hands of a medical professional, your lawyer will file an action in civil court with the local court. You could be granted a limited amount of time, depending on the laws of your state in order to bring a lawsuit. Your lawyer will explain to you these rules. Your claim could be dismissed if you fail to file within the time limit.

Case Filing

When a medical mistake during pregnancy, childbirth or immediately after birth causes your child's cerebral palsy, you might be able to file a lawsuit and pursue compensation for the damages. A successful claim for a cerebral palsy settlement could help your family pay for expenses which include ongoing care and treatment costs.

A seasoned attorney will review your case and determine if you have a strong claim against the medical professionals responsible for your child’s injuries. Your lawyer will then gather all evidence to support your case. These could include scans of your child's brain as well as medical records from the mother and child, statements from those who witnessed your child's birthing process, and other relevant evidence. Your lawyer will file your lawsuit once the evidence has been collected. You will be named the plaintiff, and the hospital and doctor that caused your child's injuries will be the defendant.

Your cerebral palsy issue could be settled within a few months in the event that the defendant accepts liability. However, if the defendants contest liability or your child's injuries are severe it could be necessary to go to trial. During the trial the lawyer will present all the evidence in your case to a jury or judge who will issue a verdict determining the amount of liability and fairness of compensation for your child's losses.

Trial

Once your attorney gathers all the relevant information, they can begin making the case. They will send a demand letter to defendants requesting that they compensate you and your family members for the damages related to the medical negligence. The defendants have a specific time to respond. Usually, this is approximately 30 days.

The next step of the legal process is discovery. This is when both sides will prepare documents and evidence to support their side of the story. Your attorney will work with medical experts and witnesses to gather evidence for your case. After this stage the court will arrange a an initial conference to discuss your case.

A lot of cases of medical malpractice are settled by settlement agreements, rather than a trial verdict. Settlement agreements are quicker and less costly for both parties. Your lawyer will do everything to assist you in determining the most reasonable settlement amount. This amount should include the long-term costs of your child as well as losses.

Many families of children suffering from CP are encouraged by the fact that their medical team is accountable for their actions. This can help them rethink their lives and move forward with confidence. It could also help to raise awareness of other families who are in similar situations.