cerebral palsy law firms Palsy Lawsuit Settlements

Cerebral palsy lawsuit settlements can help families pay for the cost of treatment and care for their child. A typical family will require around $1 million to cover a lifetime of medical expenses relating to cerebral palsy.

While every cerebral palsy case is different, the majority of cerebral palsy lawsuits have a similar. When you get a free case evaluation An experienced lawyer will determine whether you have a valid claim.

Statute of Limitations

Cerebral palsy is a severe condition which can have a lasting impact on children and their families. Children with cerebral palsy usually have a significant medical bill, ranging from treatment to equipment that is specialized to therapy. In the most severe instances, a child diagnosed with cerebral palsy might require around-the-clock or part-time care. In some cases, compensation may help to cover the costs.

A cerebral palsy suit can be a lengthy legal process It is essential to understand your state's laws regarding medical malpractice claims. There are many states that have laws that limit the time you can make a claim following an unconstitutional event. If you fail to file your claim within the timeframe the case will be dismissed by the court.

Although every state's laws differ slightly, most allow citizens a few years to file personal injury claims which include claims relating to medical malpractice. If you suspect that an individual or a facility caused harm to your child and resulted in their CP it is imperative to speak with a reputable cerebral palsy lawyer as soon as possible to ensure you have enough time to file an injury claim.

Kansas, for example allows two years to be passed from the date of the error. Kentucky is a more strict state when it comes to this kind of case and allows citizens to be aware of the damage within a year.

Gathering Evidence

Many victims of cerebral palsy require ongoing care, including physical and occupational therapy. Parents may have to modify their home or purchase equipment like wheelchairs. These expenses are often very expensive and a lawsuit may aid the family in obtaining compensation to pay for these medical expenses and improve the quality of life for their child.

A medical malpractice claim is usually based on whether a doctor's actions or choices fell below the standards of care required under the circumstances. Your lawyer will go over your child's medical records since birth, pregnancy and early childhood to determine whether CP symptoms could have been prevented by more effective medical care.

Your lawyer will also talk to doctors and other health care professionals about the treatment of your child as well as CP symptoms. They will examine the evidence and prepare the case for trial. This could include getting expert witness testimony to support your claims and refuting the defense's arguments.

If the medical experts confirm that your child's CP was the result of negligence in the medical field, your lawyer will file a civil complaint with your local court. Based on the laws of your state you may be given only a short time to file a claim. Your attorney will explain to you these rules. If you do not file your claim within the statute of limitations the claim will be dismissed.

Case Filing

If a medical error occurs during childbirth, pregnancy or shortly after birth results in your child's cerebral palsy, then you may be able to file a lawsuit and pursue compensation for damages. A successful claim for a cerebral palsy settlement could pay for your family's expenses that include the ongoing costs of treatment and care.

An experienced lawyer will review your case to determine whether you have a solid legal claim against the medical professionals accountable for the injuries your child sustained. Your lawyer will then collect all types of documentation to support your claim. These could include medical records for both the mother and the child witnesses' accounts of the birthing process of your child, as well as other evidence. Your attorney will file your lawsuit after the evidence has been collected. You will be the plaintiff and the doctor or hospital that caused your child's injury will be the defendant.

If the defendant accepts liability, your cerebral palsy lawsuit could be settled in a matter of months. If the defendants dispute liability or your child's injuries are severe it could be necessary to go through a 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 should receive.

Trial

When your attorney has all the information they need, they can start filing your case. They will send the defendants a demand note in which they are asked to compensate your family and yourself for any damages related to medical negligence. The defendants are given a certain time to respond. It is usually approximately 30 days.

Discovery is the next phase of the legal process. Both sides will prepare documents to prove their side. Your lawyer will work with medical experts and witnesses to gather additional evidence to support your case. After this stage the court will typically hold pre-trial meetings to discuss the case and decide whether it is ready to go to trial.

Many instances of medical malpractice are resolved through settlement agreements rather than a trial verdict. It is quicker and less costly for both parties. Your lawyer will do everything to assist you in determining an appropriate settlement amount. This amount must take into consideration your child's future expenses and losses.

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