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Cerebral Palsy Lawsuit Settlements

Settlements from lawsuits involving cerebral palsy can assist families in paying for the treatment and care of their child. The average family will need up to $1,000,000 in order to cover all medical costs related to cerebral palsy throughout an entire lifetime.

While every cerebral palsy lawsuit is unique, the majority palsy lawsuits look similar. An attorney can assess 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 with cerebral palsy often suffer from a wide range of medical expenses which range from treatment to specialized equipment to therapy. In severe cases, children suffering from cerebral palsy may need around-the clock or part-time care. Compensation can help pay for the expenses.

A cerebral palsy suit can be a complex legal process and firm it is crucial to be aware of your state's laws regarding medical malpractice claims. Many states have statutes of limitations that put a limitation on how long you are allowed to file a claim after an illegal event has occurred. If you don't file by the deadline the case will be dismissed by the court.

While every state's laws differ slightly, the majority of states allow citizens a few years to make personal injury claims, including those related to 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 imperative to consult a knowledgeable cerebral palsy lawyer as soon as you can to ensure that you have enough time to make an injury claim.

Kansas, for example, allows two years to be passed from the date of the error. Kentucky is among the states that are more strict when it comes to these kinds of cases and only allows citizens one year to find out what caused the harm.

Gathering Evidence

Physical and occupational therapy is often needed for patients suffering from cerebral palsy. Parents may need to modify their home and acquire special equipment, such as wheelchairs. The medical costs can be extremely costly. A lawsuit may aid the family in obtaining the money needed to pay these costs and make a difference in the life of the child.

A medical malpractice claim is usually the result of determining if a doctor's actions or decisions fell short of the standard of care under the circumstances. Your lawyer will review 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 lawyer will also talk to doctors and other health professionals regarding your child's treatment as well as CP symptoms. They will review all evidence and prepare for trial. This may include getting expert testimony in support of your assertions and contesting defense arguments.

If medical experts confirm that your child's CP was the result of negligence on the part of a doctor and your lawyer files an administrative complaint in your local court. Depending on your state's laws you may be given an amount of time to file a claim. Your attorney will explain these rules to you. Your claim could be dismissed if you do not submit your claim within the time frame.

Case Filing

If a medical lapse during childbirth, pregnancy, or the first few weeks after birth led to your child to develop cerebral palsy you may be eligible to bring a lawsuit and seek compensation for damages. A successful claim for cerebral palsy settlements could pay for your family's expenses including ongoing care and treatment costs.

A seasoned attorney will review your case and determine whether you have a valid claim against the medical professionals accountable for firm your child's injuries. Your lawyer will then collect all evidence to support your claim. This could include images, medical records from both the mother and child, testimony from witnesses to the birth of your child and other evidence. Your lawyer will file your lawsuit once the evidence has been collected. You will be the plaintiff, while the hospital and doctor that caused the injuries suffered by your child will become the defendant.

The cerebral palsy situation could be resolved in a couple of months when the defendant accepts responsibility. If the defendants deny liability or if your child's injuries were severe, you could have to go to trial. During the trial, your lawyer will present all of the evidence in your case to a judge or jury who will then issue a verdict determining the liability of the defendant and a fair amount of compensation for your child's losses.

Trial

Once your lawyer has all the required information and documents, they can start filing your case. They will send an order letter to the defendants, asking them to compensate you and your family members for the losses resulting from the medical negligence. The defendants will be given a limited amount of time to respond, usually about 30 days.

Discovery is the next step of the legal process. Both sides will create documents to prove their side. Your attorney will work closely with experts and witnesses to gather additional evidence to support your case. After this stage the court will schedule a an initial conference to discuss your case.

A large number of cases of medical negligence are settled by settlement agreements, rather than the trial verdict. This is preferred by both parties since it's cheaper and quicker. Your lawyer will be diligent to assist you in determining an equitable settlement. The amount you settle for must be adjusted to account for the future expenses of your child as well as losses.

Many families of children suffering from CP are relieved by the fact that their medical staff has been held accountable for their actions. This can allow families to rethink themselves and move forward in confidence. It could also help to raise awareness of families that are experiencing similar circumstances.