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cerebral palsy law firms Palsy Lawsuit Settlements

Settlements for cerebral palsy lawsuits can help families pay for the cost of treatment and care for their child. The average family will need up to $1 million in order to cover a lifetime's worth of medical expenses associated with cerebral palsy.

While every case is unique, most cerebral palsy lawsuits have similar steps. A lawyer can assess your claim during a complimentary consultation.

Statute of limitations

Cerebral palsy is a serious condition that can leave a lasting impact on children and their families. Children suffering from cerebral palsy incur numerous medical costs. This could include everything from therapy to special equipment. In extreme instances, a child diagnosed with cerebral palsy may require continuous or part-time care. Compensation can help cover the cost.

A cerebral palsy lawsuit could be a complex legal process, and it is important to be aware of the laws in your state regarding medical malpractice claims. There are many states that have laws that restrict the time that you can make a claim following an unlawful event. If you do not meet this deadline the court could dismiss your case.

Although the laws in each state differ however, they all permit citizens to make personal injury lawsuits, for example, those involving medical malpractice. You should contact a lawyer for cerebral palsy when you suspect a medical professional or a facility has caused your child's CP.

Kansas for instance permits two years to be passed from the date of the malpractice. Kentucky is one stricter state when it comes to this type of case and only permits citizens to find the injury within a year.

Gathering Evidence

Physical and occupational therapy is usually needed for patients suffering from cerebral palsy. Parents may have to modify their home and purchase special equipment, such as wheelchairs. These costs can be expensive and a lawsuit may assist the family to receive compensation to pay for the medical bills and increase their child's quality of life.

A medical negligence case is typically based on whether the doctor's actions or decisions did not meet the standards of care in 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 better medical treatment.

Your lawyer will also talk to your child's doctors and other health care providers regarding your child's medical treatment as well as the CP symptoms. They will go through the evidence and prepare for trial. This could include obtaining expert witness testimony to prove your case and countering the defense's arguments.

If medical experts agree that the CP in your child's case was caused by medical malpractice, your lawyer will file a complaint with the local court. You may be granted a limited amount of time, depending on the laws of your state in order to bring a lawsuit. Your lawyer will explain these rules. If you fail to file your claim within the time limit, your claim will be thrown out.

Case Filing

If a medical mistake during childbirth, pregnancy or in the initial few weeks after birth led to your child to develop cerebral palsy, you could be able to make a claim and seek compensation for the damages. A successful claim for a cerebral palsy settlement could cover your family's expenses including ongoing care and treatment costs.

An experienced attorney will review your case to determine whether you have a strong legal claim against the medical professionals accountable for your child's injuries. Your lawyer will then gather all documentation to support your case. This can include medical records for both the mother and child as well as witness reports of the birth of your child, as well as other evidence. Once all the evidence needed has been collected your attorney will file your lawsuit in court. You will be the plaintiff and the hospital or doctor that caused the injury to your child will be the defendant.

The cerebral palsy situation could be resolved within a few months when the defendant accepts responsibility. If the defendants refuse to accept liability or if the injuries suffered by your child were severe, you could need 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 render the verdict that determines the amount of liability and fairness of compensation for your child's losses.

Trial

After your lawyer has gathered all the information needed, they can begin making the case. They will send the defendants a demand note asking them to compensate your family and yourself for any damages related to medical negligence. The defendants have a limited time to respond. It is usually around 30 days.

The next step in the legal procedure is discovery. This is the time when both sides create documents and evidence to support their side of the truth. Your lawyer will work with medical experts and witnesses to gather additional evidence to support your case. After this the court will typically organize pre-trial conferences to discuss the case and decide if it is ready to proceed to trial.

A large number of cases of medical negligence are resolved by settlement agreements instead of a trial verdict. Settlement agreements are quicker and less expensive for both parties. Your lawyer will do all they can to assist you in reaching the most reasonable settlement amount. This amount should be based on the future costs of your child and losses.

Many families with children suffering from CP can feel at ease knowing that their medical staff was accountable for their actions. This can allow them to rethink their lives and move forward with confidence. It also helps to raise awareness for other families that might be in similar circumstances.