Cerebral Palsy Lawsuit Settlements
Settlements in the case of cerebral palsy lawsuits can aid families in covering the cost of treatment and care for their child. The average family will need up to $1,000,000 in order to cover medical expenses related to cerebral palsy throughout an entire lifetime.
Although every cerebral palsy case is different however, the majority palsy lawsuits are the same. A lawyer can review your case during a no-cost consultation.
Statute of Limitations
Cerebral palsy is a severe condition that can have a lasting impact on children and their families. Children who have cerebral palsy typically face a large medical bill and can range from treatment to specialized equipment to therapy. In the most severe cases, children with cerebral palsy may require continuous or even part-time care. Compensation can help pay for these expenses.
It is essential to know the laws in your state regarding medical malpractice claims. There are many states with statutes of limitations that place a time limit on the time you can file a claim following an illegal event has occurred. If you miss the deadline your case will be dismissed by the court.
While cerebral palsy lawyer bend vary slightly, most allow citizens a few years to file personal injury claims that include medical negligence. If you suspect that the medical professional or facility has injured your child and resulted in their CP it is imperative to contact an experienced cerebral palsy lawyer as fast as you can to ensure that you have enough time to make an action.
For instance for instance, the Kansas statute of limitations in cases of birth injuries allows two years from the date that the negligence occurred. Kentucky is among the stricter states in these types of cases and provides citizens with a year to discover the harm.
Gathering Evidence
Many patients with cerebral palsy need lifelong care, including physical and occupational therapy. Their parents may have modify their homes or purchase special equipment, such as wheelchairs. These costs can be expensive and a lawsuit may help the family get the compensation needed to cover these medical expenses and improve the quality of life of their child.
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 under the circumstances. Your attorney will review the records of your child's birth through early childhood, pregnancy, and the beginning of their lives to determine if CP symptoms were preventable with more effective medical care.
Your attorney will also speak to your child's physicians as well as other health care 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 gathering testimony from experts to prove your case and countering the defense's arguments.
If medical experts agree that the CP in your child's body was due to medical negligence and your lawyer files a complaint at your local court. You could only have a limited period of time, based on the laws in your state in order to start a lawsuit. Your attorney will explain to you these rules. Your claim could be dismissed if you fail to file within the specified time.
Case Filing
If a medical mistake during pregnancy, childbirth or in the initial few weeks after birth led to your child to develop cerebral palsy, you may be eligible to bring a lawsuit and seek compensation for the damages. If you are successful in your claim the settlement for cerebral palsy could pay for all of your family's expenses as well as the ongoing treatment and care.
An experienced attorney will analyze 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 collect all types of documentation to support your claim. This can include medical records for both parents as well as witness reports of the birthing process of your child, as well as other relevant proof. Your lawyer will file your lawsuit once the evidence has been collected. You will be the plaintiff while the doctor or hospital that caused the injury to your child will be the defendant.
Your cerebral palsy case may be resolved in a couple of months in the event that the defendant accepts liability. If, however, the defendants disagree on liability or your child's injuries are severe, you might need to go to trial. During the trial, your attorney will present evidence before a jury or judge who will decide liability and the amount of compensation your child must receive.
Trial
Once your attorney has all the relevant information they can begin filing your case. They will send the defendants a demand letter asking them to pay your family and yourself for any damages caused by 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 when both sides will create documents and evidence to support their side of the story. Your lawyer will work with experts in medicine and witnesses to gather additional evidence to support your case. Following this stage, the court will usually convene pre-trial conference meetings to discuss the case and determine if it is ready for trial.
Many instances of medical malpractice are settled by settlement agreements instead of the trial verdict. This is a better option for both parties since it is quicker and less costly. Your lawyer will work hard to help you come up with an acceptable settlement amount. This amount should be adjusted to account for the future costs of your child and losses.
Many families of children who have CP are relieved by the fact that their medical staff has been held accountable for their actions. This can help families redefine themselves and move forward with confidence. It can also increase awareness for other families that may be facing the same situation.