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Cerebral Palsy Lawsuit Settlements

Settlements for cerebral palsy lawsuits can aid families in covering the cost of treatment and care for their child. The average family requires more than $1,000,000 to cover medical expenses associated with cerebral palsy over an entire lifetime.

Although each case is unique, most cerebral palsy lawsuits are based on the same steps. An attorney can assess your case during a no-cost consultation.

Statute of limitations

Cerebral palsy has lasting effects on children and their families. Children with cerebral palsy frequently have a significant medical bill, ranging from treatment to equipment that is specialized to therapy. In the most severe cases, children with cerebral palsy may require around-the-clock all-hours or part-time assistance. Compensation may help to cover the costs.

It is crucial to be aware of the laws in your state concerning medical malpractice claims. There are many states with statutes of limitations that put a limitation on how long you can file a claim after an unconstitutional event occurs. If you don't file by the deadline your case will be dismissed by the court.

Although the laws in each state differ in their laws, all states allow citizens to bring personal injury lawsuits, for example, those involving medical malpractice. You should seek out an attorney for cerebral palsy immediately if you suspect a medical professional or a facility caused your child's CP.

Kansas for instance permits two years to be passed from the date of the error. Kentucky is one of 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 victims of cerebral palsy require care for the rest of their lives, including physical and occupational therapy. Their parents may have to alter their homes or purchase special equipment, such as wheelchairs. These costs are usually expensive and a lawsuit could aid the family in obtaining the compensation needed to cover the medical bills and enhance the quality of life of their child.

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

Your lawyer will also speak with doctors and other health professionals about the treatment of your child as well as CP symptoms. They will analyze all evidence and prepare for trial. This could include the testimony of an expert witness to prove your case and refuting the defense's arguments.

If medical experts believe that the CP in your child was caused by medical malpractice, your lawyer will file a complaint with the local court. You could be granted a limited amount of time, based on the laws of your state in order to make a claim. Your lawyer will explain to you these rules. If you don't file within the timeframe set by the statute of limitations, your claim will be rejected.

Case Filing

If a medical mistake during childbirth, pregnancy or in the first few weeks after birth led to your child to develop cerebral palsy, you may be able start a lawsuit and claim compensation for the damages. A successful claim for a cerebral palsy settlement can cover your family's expenses including ongoing treatment and care costs.

An experienced attorney will review your case and determine whether you have a solid claim against the medical professionals who are responsible for your child's injuries. Your lawyer will then gather every kind of evidence to support your claim. This can include medical records for both mother and child and witness reports of the birthing process of your child, and other relevant proof. Your attorney will file your lawsuit after the initial evidence is collected. You are the plaintiff and the doctor or hospital that caused your child's injury will be the defendant.

Your cerebral palsy case could be resolved within a few months in the event that the defendant accepts liability. If, however, the defendants disagree on liability or the injuries sustained by your child are serious it could be necessary to go to trial. During the trial your attorney will present the evidence to a judge or jury who will determine liability and the amount of compensation your child is entitled to be awarded.

Trial

Once your lawyer has all the relevant information and is ready to file your case. They will send the defendants a demand letter asking them to pay your family and you for damages related to medical negligence. The defendants have a specific time to respond. Usually, this is about 30 days.

The next stage of the legal process is discovery, which is where both sides prepare documents and evidence to prove their side of the story. Your lawyer will work with experts in medicine and witnesses to gather additional evidence to support your case. After this phase the court will schedule a pre-trial conferences to discuss the case.

Settlement agreements are usually used to settle medical malpractice cases, instead of a jury verdict. This is preferred by both parties because it is faster and less expensive. Your lawyer will do everything to assist you in reaching an acceptable settlement amount. This amount must include the long-term costs of your child as well as losses.

Many families of children with CP feel secure knowing that their medical personnel was accountable for their actions. This can allow them to rethink their lives and move forward with confidence. It can also help raise awareness of other families in similar situations.