Cerebral Palsy Lawsuit Settlements

Settlements from lawsuits involving cerebral palsy can help families pay for the treatment and care of their child. The average family requires up to $1,000,000 in order to cover the medical expenses related to cerebral palsy over a lifetime.

While every cerebral palsy case is unique however, the majority palsy lawsuits look similar. An attorney can assess your case during a no-cost consultation.

Statute of limitations

Cerebral dysplasia is a serious condition that can have a lasting impact on children and their families. Children suffering from cerebral palsy incur many medical expenses. This can include everything from therapy to special equipment. In extreme cases, a child with bellmead cerebral palsy lawyer palsy may require 24/7 or part-time assistance. Obtaining compensation can help cover these costs.

It is important to understand the laws in your state concerning 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 unconstitutional event occurs. If you do not meet the deadline the court is likely to dismiss your case.

Although the laws of each state may differ slightly, they all allow citizens to file personal injury lawsuits, for example, those involving medical malpractice. If you suspect that an medical professional or a facility harmed your child and resulted in the development of CP it is imperative to consult a knowledgeable cerebral palsy lawyer as soon as you can to ensure that you have enough time to file claims.

For example, the Kansas statute of limitations in the case of a birth injury allows two years from the date the malpractice occurred. Kentucky is one of the states that is more strict in this kind of case and allows citizens to be aware of the harm within one year.

Gathering Evidence

Many victims of cerebral palsy need lifelong care which includes occupational and physical therapy. Parents may have to alter their home and acquire special equipment such as wheelchairs. These costs can be expensive and a lawsuit may help the family receive the compensation needed to cover the medical bills and enhance the quality of life of their child.

A medical malpractice claim is typically dependent on whether a physician's actions or decisions were not in line with the standard of care under the circumstances. Your attorney will examine your child's birth, pregnancy and early infancy documents and other evidence to determine whether the CP symptoms could have been avoided with more effective 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 examine all evidence and prepare for trial. This may include the testimony of an expert witness to support your claims and disproving the defense's arguments.

If medical experts are of the opinion that your child's CP was caused by medical negligence Your lawyer will file a civil lawsuit with your local court. According to the laws of your state and regulations, you may have a limited amount of time to submit an action. Your attorney will explain these rules. Your claim will be deemed to be unfounded when you fail to file your claim within the deadline.

Case Filing

If a medical error during childbirth, pregnancy, or in the initial few weeks after birth caused your child to develop Norwalk cerebral palsy lawyer paralysis, you may be able file a suit and seek compensation for damages. If you're successful in your case the settlement for cerebral palsy may pay for all of your family's costs as well as regular care and treatment.

An experienced lawyer will review your case to determine whether you have a legitimate legal claim against the medical professionals who are responsible for your child's injuries. Your lawyer will then collect every kind of evidence to prove your claim. This may include medical records for both parents, witness reports of the birth of your child, as well as other evidence. Your lawyer will file your lawsuit once the initial evidence is gathered. You are the plaintiff and the hospital or doctor that caused the injury to your child will be the defendant.

If the defendant accepts liability the cerebral palsy lawsuit could be settled in a matter of months. If, however, the defendants disagree on liability or your child's injuries are severe the case may have to go through a trial. During the trial your lawyer will present all evidence to a jury or judge who will then render an opinion on liability and a fair amount of compensation for your child's injuries.

Trial

Once your attorney gathers all the information needed after which they will begin making the case. They will send a demand letter to the defendants requesting that they compensate you and your family for the damages related to the medical negligence. The defendants will have only a short time to respond, normally about 30 days.

Discovery is the next stage of the legal process. Both sides will create documents to prove their side. Your attorney will collaborate with medical experts and witnesses to gather more evidence to support your case. After this phase the court will set a an initial trial conference to discuss the case.

Settlement agreements are usually used to settle medical malpractice cases, rather than the jury verdict. This is preferred by both parties since it is more efficient and less expensive. Your lawyer will do everything to assist you in determining the most reasonable settlement amount. This amount must be adjusted to account for your child's future expenses and losses.

Many families of children who have CP are reassured by the fact that their medical team is accountable for their actions. This can help families redefine themselves and move forward in confidence. It also helps raise awareness of other families in similar circumstances.