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Cerebral Palsy Lawsuit Settlements

Settlements for cerebral palsy lawsuits can help families cover the cost of treatment and care for their child. The average family will need around $1 million to cover a lifetime of medical expenses relating to cerebral palsy.

While every cerebral palsy case is different however, the majority of cerebral palsy lawsuits have a similar. If you take advantage of a free case analysis an experienced lawyer will determine whether you have a legitimate claim.

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 face a lot of medical costs. This can include everything from therapy to specialized equipment. In extreme cases, children with cerebral palsy might require around-the-clock or part-time care. Obtaining compensation can help cover these costs.

It is important to know the laws in your state concerning medical malpractice claims. Many states have statutes that restrict the time in which you are able to bring a lawsuit following an unlawful event. If you do not file your claim by the deadline, your case will be dismissed by the court.

While the laws of each state differ, they all allow citizens to make personal injury lawsuits, including those relating to medical malpractice. You should contact a lawyer who specializes in cerebral palsy when you suspect that a medical professional or a facility has caused your child's CP.

For instance, the Kansas statute of limitations in a birth injury case allows two years from the date the malpractice occurred. Kentucky is among the more strict states in these types of cases and only gives citizens one year to discover the harm.

Gathering Evidence

Physical and occupational therapy is usually required for victims of cerebral palsy. Parents may need to modify their home and buy special equipment like wheelchairs. These expenses can be very expensive and a lawsuit could aid the family in obtaining compensation to pay these medical bills and improve the quality of life of their child.

A medical malpractice case is usually based on whether a doctor's actions or choices fell below the standard of care under the circumstances. Your attorney will examine your child's birth, pregnancy and early infancy records and other evidence to determine if the CP symptoms could have been prevented by better medical care.

Your attorney will also speak with your child's doctor and other health care professionals about your child's treatment, as well as CP symptoms. They will analyze the evidence and prepare for trial. This may include getting expert testimony in the defense of your claims as well as debunking defense arguments.

If medical experts agree that the CP in your child was caused by medical negligence, your lawyer will file an action with the local court. Based on the laws in your state you may have only a short time to submit a claim. Your attorney will explain these rules to you. Your claim could be dismissed if you fail to file your claim within the deadline.

Case Filing

If a medical error during childbirth, pregnancy or the moment after birth triggers your child's cerebral palsy, you might be eligible to make a claim and seek compensation for damages. If you're successful in your claim the settlement for cerebral palsy law firm palsy could pay for all of your family's costs as well as ongoing care and treatment.

An experienced attorney can review your case to determine whether you have a legitimate legal claim against the medical professionals responsible for your child's injuries. Your lawyer will then collect all the evidence necessary to prove your claim. This may include medical records for both the mother and child, witness accounts of the birthing process of your child, as well as other evidence. Once the initial evidence is gathered then your attorney will submit your lawsuit to the court. You will be the plaintiff while the hospital or doctor who caused the injury to your child will be the defendant.

Your cerebral palsy case could be resolved in a couple of months if the defendant accepts the responsibility. If the defendants deny liability or if your child's injuries were severe, you may be required to go to court. During the trial your lawyer will present the evidence to a judge or jury who will determine liability and the amount of compensation your child will receive.

Trial

Once your lawyer has all of the necessary information and documents, they can start making the case. They will send a demand letter to the defendants requesting that they compensate you and your family members for the damages related to the medical negligence. The defendants have a limited time to respond. It is usually approximately 30 days.

The next phase of the legal process is discovery, which is where both sides prepare documents and evidence to prove their side of the truth. Your attorney will collaborate with medical experts and witness to gather evidence to support your case. Following this the court will set a pre-trial conference to discuss the case.

Settlement agreements are commonly used to settle medical malpractice cases, rather than a jury verdict. It is faster and less costly for both parties. Your lawyer will work hard to assist you in determining an acceptable settlement amount. The amount you settle for must be based on the future costs of your child and losses.

Many families of children with CP find comfort in knowing that their medical team was accountable for their actions. This can allow them to rethink their lives and move forward with confidence. It may also help in raising awareness of families that are experiencing similar circumstances.