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Cerebral Palsy Lawsuit Settlements

Settlements for cerebral palsy lawsuits can help families pay for the cost of treatment and care for their child. The average family needs more than $1,000,000 to cover all medical costs related to cerebral palsy throughout a lifetime.

Although each case is unique, most cerebral palsy lawsuits follow the same steps. A lawyer can evaluate 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 with cerebral palsy are subject to lots of medical costs. This could range from therapy to specialized equipment. In severe cases, children with cerebral palsy may require round-the 24/7 or even part-time care. Compensation can help cover the cost.

It is important to know the laws in your state regarding medical malpractice claims. A lot of states have statutes or limitations that place a limit on the time you can file a claim after an illegal event has occurred. If you fail to file your claim within the timeframe the case will be dismissed by the court.

Although the laws of each state may differ slightly but they all allow citizens to file personal injury lawsuits, including those that relate to medical malpractice. You should seek out a cerebral palsy lawyer immediately if you suspect that a medical professional or a facility has caused your child's CP.

Kansas, for example permits two years to pass from the date of the error. Kentucky is a more strict state when it comes to this kind of case. It allows citizens to be aware of the harm within one year.

Gathering Evidence

Many patients suffering from cerebral palsy require ongoing care including occupational and physical therapy. Parents may need modify their homes or purchase special equipment, like wheelchairs. The medical costs could be quite costly. A lawsuit may assist the family with compensation to pay for these expenses and enhance the quality of life for the child.

A medical malpractice claim is typically the result of determining if a doctor's actions or decisions fell below the standards of care required under the circumstances. Your lawyer will review your child's birth, pregnancy, and early infant records as well as other evidence to determine whether the CP symptoms could have been avoided with better medical care.

Your lawyer will also talk with doctors and other health care professionals regarding 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 testimony from witnesses in the defense of your claims as well as disproving defense arguments.

If medical experts believe that the CP in your child's case was caused by medical negligence the lawyer will file a complaint with your local court. You may only have a limited amount of time, based on the laws in your state to bring a lawsuit. Your attorney will explain these rules to you. 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 may be able to make a claim and seek compensation for damages. A successful claim for cerebral palsy settlements could pay for your family's expenses which include the ongoing costs of treatment and care.

A seasoned attorney will review your case and determine whether you have a solid 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, statements from witnesses to the child's birth, and other evidence. Your lawyer will file your lawsuit once the initial evidence has been gathered. You will be the plaintiff while the hospital or doctor who caused your child's injury will be the defendant.

Your cerebral palsy issue could be resolved in a couple of months if the defendant accepts responsibility. If the defendants disagree on liability or your child's injuries are severe, you might need to go through trial. During the trial your lawyer will present evidence to a judge or jury who will decide liability and the amount of compensation your child should receive.

Trial

Once your attorney has all the information they require they will be able to begin filing your case. They will send an demand letter to defendants, asking them to compensate you and your family for the harm caused by the medical negligence. The defendants will have a limited amount of time to respond, normally about 30 days.

Discovery is the next phase of the legal process. Both sides will prepare documents to prove their side. Your lawyer will work with experts in medicine and witnesses to gather additional evidence to support your case. After this the court will typically hold pre-trial meetings to discuss the case and determine whether it is ready to proceed to trial.

A lot of cases of medical malpractice are resolved through settlement agreements rather than the trial verdict. It is quicker and less expensive for both parties. Your lawyer will do everything to assist you in reaching an appropriate settlement amount. The amount you settle for must consider the cost of your child's future expenses and losses.

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