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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 will need upwards of $1,000,000 to cover all medical costs associated with cerebral palsy over an entire lifetime.

Although every cerebral palsy case is different however, the majority of cerebral palsy lawsuits are the same. A lawyer can review your case during a no-cost consultation.

Statute of Limitations

Cerebral Palsy can have a long-lasting impact on children as well as their families. Children with cerebral palsy often suffer from a wide range of medical expenses and can range from treatment to specialized equipment to therapy. In extreme cases, children with cerebral palsy may require continuous or part-time care. Compensation can help with the expenses.

It is important to know the laws in your state regarding medical malpractice claims. A lot of states have statutes that restrict the time in which you are able to bring a claim following an unlawful event. If you fail to file your claim within the timeframe your case will be dismissed by the court.

While every state's laws differ slightly, the majority of states allow citizens a few years to claim personal injury compensation for personal injury, including those involving medical negligence. If you suspect that an medical professional or a facility caused harm to your child and resulted in the development of CP it is crucial to contact an experienced cerebral palsy attorney as soon as you can to ensure that you have enough time to make an injury claim.

For example, the Kansas statute of limitations in a birth injury case allows two years from the time the malpractice occurred. Kentucky is among the more strict states when it comes to these kinds of cases and only gives citizens one year to identify the harm.

Gathering Evidence

Physical and occupational therapy is typically required for victims of cerebral palsy. Parents may have to alter their home and purchase special equipment like wheelchairs. These medical expenses can be costly. A lawsuit could assist the family with compensation to cover these expenses and make a difference in the life of the child.

A medical malpractice claim is typically based on whether a doctor's actions or decisions fell short of the standard of care given the circumstances. Your lawyer will review your child's birth, pregnancy and early infancy records and other evidence to determine whether the CP symptoms could have been prevented by better medical treatment.

Your attorney will also talk to doctors and other health care experts about your child's treatment as well as CP symptoms. They will analyze all evidence and prepare for trial. This may include getting expert witness testimony to prove your case and debunking the defense's arguments.

If medical experts agree that your child's CP was caused by negligence at the hands of a medical professional and your lawyer files a civil lawsuit with your local court. According to the laws of your state you may have a limited amount of time to make an action. Your attorney will explain these rules. Your claim will be deemed to be unfounded if you do not file your claim within the deadline.

Case Filing

If a medical error occurs during childbirth, pregnancy or the moment after birth triggers your child's cerebral palsy attorneys palsy, then you may be eligible to start a lawsuit and seek compensation for damages. A successful claim for a cerebral palsy settlement could be able to cover the costs of your family including the ongoing costs of treatment and care.

An experienced attorney can review your case to determine if you have a solid legal claim against the medical professionals accountable for your child's injuries. Your lawyer will then collect all the evidence necessary to prove your case. This could include scans of images and medical records from both the mother and child, reports of witnesses to your child's birthing process, and other relevant evidence. Your attorney will file your lawsuit after the initial evidence is collected. You will be the plaintiff and the hospital or doctor that caused the injury to your child will be the defendant.

Your cerebral palsy issue could be resolved within a few months if the defendant accepts the responsibility. If, however, the defendants disagree on liability or your child's injuries are severe the case may have to go to trial. During the trial the lawyer will present all evidence to a jury or judge who will make an award determining the amount of liability and fairness of compensation for the loss of your child.

Trial

After your lawyer has gathered all the required information and documents, they can start making the case. They will send an demand letter to defendants requesting that they compensate you and your family for the damages related to the medical negligence. The defendants are given a short time to respond. The typical timeframe is around 30 days.

The next step of the legal process is discovery. This is the time when both sides create documents and evidence to prove their side of the story. Your attorney will work closely with experts in medicine and witnesses to gather additional evidence for your case. After this phase the court will typically hold pre-trial meetings to discuss the case and decide whether or not it is appropriate to go to trial.

Many cases of medical malpractice are resolved through settlement agreements instead of the trial verdict. Settlement agreements are quicker and more affordable for both parties. Your lawyer will be diligent to help you come up with an equitable settlement. The amount you settle must be adjusted to account for the future costs of your child and losses.

Many families with children who suffer from CP are reassured knowing that their medical staff was accountable for their actions. This can help them reimagine their lives and move forward with confidence. It may also help in raising awareness of other families in similar situations.