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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 more than $1 million to cover the lifetime medical expenses associated with cerebral palsy.

Although every cerebral palsy case is unique, the majority of cerebral palsy lawsuits are similar. A lawyer can review your case during a no-cost 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 lawsuit palsy often 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 continuous or part-time treatment. Compensation can help with the costs.

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 unconstitutional event. If you don't meet this deadline, the court will likely dismiss your claim.

Although the laws in each state may differ slightly in their laws, all states allow citizens to bring personal injury lawsuits, including those relating to medical malpractice. You should consult a lawyer who specializes in cerebral palsy as soon as you suspect a medical professional or facility has caused your child's CP.

Kansas for instance, allows two years to expire from the date of the error. Kentucky is one of the states that is more strict in this kind of case. It allows citizens to be aware of the damage within a year.

Gathering Evidence

Many patients suffering from cerebral palsy require ongoing care including occupational and physical therapy. Parents may have to modify their home and buy special equipment such as wheelchairs. These expenses are often very expensive and a lawsuit could help the family receive the compensation needed to cover these medical bills and improve their child's quality of life.

A medical malpractice claim is usually the result of determining if a doctor's actions or decisions were not in line with the standard of care in the circumstances. Your lawyer will review your child's birth, pregnancy and early infancy records and other evidence to determine if the CP symptoms could have been avoided with better medical treatment.

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

If medical experts confirm that your child's CP was caused by negligence at the hands of a medical professional the lawyer will file a civil complaint with your local court. Depending on your state's laws, you may have the time to make a claim. Your lawyer will explain these rules. Your claim will be deemed to be unfounded if you do not file within the time limit.

Case Filing

When a medical mistake during pregnancy, childbirth or the moment after birth triggers your child's cerebral palsy, then you may be able to file a lawsuit and pursue compensation for damages. If you are successful in your case, the settlement for cerebral palsy may pay for all of the expenses of your family including continuing care and treatment.

An experienced attorney will review your case to determine whether you have a legitimate legal claim against the medical professionals accountable for the injuries your child sustained. Your lawyer will then gather all the evidence necessary to prove your case. This could include scans of images and medical records of both the mother and child, reports from those who witnessed the birth of your child, and other evidence. Your lawyer will file your lawsuit after the initial evidence has been gathered. You will become the plaintiff, and the hospital and doctor that caused your child's injuries will become the defendant.

Your cerebral palsy case could be settled within a few months when the defendant accepts responsibility. However, if the defendants dispute liability or the injuries sustained by your child are serious the case may have to go to trial. In the course of trial, your lawyer will present the evidence before a jury or judge who will determine liability and the amount of compensation your child is entitled to be awarded.

Trial

Once your attorney gathers all the required information after which they will begin filing your case. They will send the defendants a demand note asking them to compensate your family and you for injuries resulting from medical negligence. The defendants will have an amount of time to reply, usually approximately 30 days.

Discovery is the next step of the legal process. Both sides will create documents to prove their side. Your lawyer will work with medical experts and witness to gather more evidence to support your case. After this phase, a court will schedule pre-trial conferences to discuss the case.

Settlement agreements are usually used to settle medical malpractice cases, rather than a jury verdict. It is quicker and less costly for both parties. Your lawyer will do everything to help you reach an acceptable settlement amount. The amount you settle for must include the future expenses of your child as well as losses.

Many families of children suffering from CP are reassured by the fact that their medical staff has been held accountable for their actions. This can allow families to rethink themselves and move forward in confidence. It can also raise awareness for other families that might be in the same thing.