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 upwards of $1 million to cover the lifetime medical expenses related to cerebral palsy.
Each case is different, however However, the majority of cerebral palsy lawsuits follow similar steps. During a free case review An experienced lawyer will determine whether you have a compelling claim.
Statute of Limitations
Cerebral palsy can have a long-lasting impact on children as well as their families. Children with cerebral palsy frequently suffer from a wide range of medical expenses which range from treatment to specialized equipment to therapy. In severe instances, children with cerebral palsy may require round-the clock or part-time care. In some cases, compensation may help to cover these expenses.
It is important to understand the laws in your state regarding medical malpractice claims. A lot of states have statutes or limitations that set a time limit on the time you are allowed to file a claim after an unconstitutional event occurs. If you fail to meet this deadline the court is likely to dismiss your claim.
While each state’s laws vary slightly, most allow citizens to have a few years to claim personal injury which include claims relating to medical malpractice. You should contact a lawyer for cerebral palsy as soon as you suspect a medical expert or a medical facility has caused your child’s CP.
Kansas for instance permits two years to expire from the date of the malpractice. Kentucky is a state that is more stringent when it comes to this type of case and only permits citizens to find the harm within a year.
Gathering Evidence
Physical and cerebral palsy lawsuits occupational therapy is often required for people suffering from cerebral palsy. Parents may need to modify their homes and purchase special equipment, like wheelchairs. The medical costs could be quite costly. A lawsuit may help the family get the money needed to pay these costs and enhance the quality of life for the child.
A medical malpractice claim is typically determined by whether a doctor’s actions or decisions fell short of the standard of care given the circumstances. Your attorney will scrutinize your child’s birth, pregnancy and early infancy records, as well as other evidence to determine if the CP symptoms could have been prevented with better medical treatment.
Your attorney will also talk with your child’s doctors and other health care providers regarding your child’s treatment as well as CP symptoms. They will evaluate the evidence and prepare the case for trial. This may include obtaining expert witness testimony to support your assertions and cerebral palsy lawsuits debunking 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 an action in civil court with your local court. You may be granted a limited amount of time, contingent on the laws in your state and the court you bring a lawsuit. Your lawyer will explain these rules to you. If you fail to file your claim within the time limit the claim will be dismissed.
Case Filing
If a medical error during pregnancy, childbirth or right after birth causes your child’s cerebral palsy, you could be eligible to bring a lawsuit and seek compensation for damages. If you are successful in your claim, the settlement for cerebral palsy could be enough to cover your family’s costs as well as ongoing care and treatment.
An experienced attorney will analyze your case and determine if you have a strong claim against the medical professionals who are accountable for your child’s injuries. Your lawyer will then collect all kinds of evidence to prove your claim. This could include scans of images and medical records of both the mother and the child, reports from people who witnessed your child’s birthing process, and other evidence. Once the initial evidence is gathered, your attorney will formally file your lawsuit in court. You will be the plaintiff while the hospital or doctor that caused the injury to your child will be the defendant.
If the defendant accepts liability and you have a cerebral palsy case, it could be settled in a matter of months. 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 argue all of the evidence to a jury or judge who will make a verdict determining liability and a fair amount of compensation for your child’s losses.
Trial
After your lawyer has collected all the relevant information the attorney can commence making the case. They will send the defendants a demand letter asking them to compensate your family and yourself for any injuries resulting from medical negligence. The defendants will be given only a short time to reply, usually within 30 days.
Discovery is the next phase of the legal process. Both sides will prepare documents to show their side. Your attorney will collaborate with medical experts and witnesses to gather additional evidence to support your case. Following this stage the court will typically hold pre-trial meetings to discuss the case and determine whether or not it is appropriate to go to trial.
Many cases of medical malpractice are resolved through settlement agreements instead of a trial verdict. This is preferable for both parties as it is more efficient and less expensive. Your lawyer will work diligently to assist you in determining an appropriate settlement amount. The amount you settle for must be adjusted to account for the future expenses of your child as well as losses.
Many families with children who suffer from CP can feel at ease knowing that their medical staff was held accountable for their actions. This can allow families to rethink themselves and move forward with confidence. It can also help raise awareness of other families in similar situations.