Cerebral Palsy Lawsuit Settlements
Settlements for cerebral palsy lawsuits can help families pay for the costs of treatment and care for their child. The average family will need up to $1 million in order to cover the lifetime medical expenses related to cerebral palsy.
Although every case is unique, most cerebral palsy lawsuits are based on the same steps. In a free case review, an experienced lawyer can determine whether you have a legitimate claim.
Statute of Limitations
Cerebral palsy is a serious condition that can have a lasting impact on children and their families. Children suffering from cerebral palsy incur many medical costs. This can include everything from therapy to specialized equipment. In severe instances, a child diagnosed with cerebral palsy might require around-the-clock or part-time care. Compensation can help pay for these expenses.
A cerebral palsy claim can be a complicated legal process and it is essential to know the laws of your state regarding medical malpractice claims. A lot of states have statutes that limit the time for which you can bring a claim following an unconstitutional event. If you miss the deadline your case will be dismissed by the court.
Although the laws of each state differ however, they all permit citizens to bring personal injury lawsuits, including those relating to medical malpractice. If you suspect that an individual or a establishment caused harm to your child or resulted in their CP, it is essential to consult a knowledgeable cerebral palsy lawyer as fast as you can so that you have enough time to make an injury claim.
For example, the Kansas statute of limitations in a birth injury case allows two years from the date that the error occurred. Kentucky is one stricter state when it comes to this kind of case. It allows citizens to be aware of the harm within one year.
Gathering Evidence
Physical and occupational therapy is usually required for victims of cerebral palsy. Parents may have to modify their home and purchase special equipment like wheelchairs. The medical costs can be extremely costly. A lawsuit could assist the family with compensation to cover these expenses and improve the quality of life of the child.
A medical malpractice lawsuit is typically dependent on whether a physician's actions or decisions fell below the standard of care under the circumstances. Your attorney will look over the records of your child's birth as well as the time of pregnancy and early childhood to determine whether CP symptoms could be prevented with better medical care.
Your attorney will also speak with your child's doctors as well as other health care professionals about your child's treatment, as well as the CP symptoms. They will review the evidence and prepare for trial. This could include obtaining expert witness testimony in support of your arguments and debunking defense arguments.
If the medical experts agree that your child's CP was the result of negligence at the hands of a medical professional Your lawyer will file an administrative complaint in your local court. You may only have a certain amount of time, contingent on the laws in your state, to start a lawsuit. Your attorney will explain to you these rules. Your claim will be dismissed in the event that you fail to submit your claim within the time frame.
Case Filing
If a medical lapse during pregnancy, childbirth, or in the initial few weeks after birth led to your child to develop cerebral palsy, you could be able to start a lawsuit and claim compensation for damages. A successful claim for a cerebral-palsy settlement could be able to cover the costs of your family including ongoing medical treatment and costs for care.
An experienced attorney will review your case to determine whether you have a solid legal claim against the medical professionals who are responsible for the injuries your child sustained. Your lawyer will then collect all documentation to support your claim. These could include scans of your child's brain and medical records of both the mother and the child, accounts from those who witnessed the child's birth, and other evidence. Your attorney will file your lawsuit once the initial evidence is collected. You will be the plaintiff while the doctor or hospital that caused your child's injury will be the defendant.
Your cerebral palsy issue could be resolved within a few months when the defendant accepts responsibility. However, if the defendants disagree on liability or your child's injuries are severe the case may have to go through trial. During the trial, your lawyer will present all the evidence in your case to a jury or judge who will issue the verdict that determines the liability of the defendant and a fair amount of compensation for your child's losses.
Trial
After your lawyer has gathered all the information needed the attorney can commence filing your case. They will send a demand letter to defendants asking them to compensate you and your family for the damages related to the medical negligence. The defendants will have a limited amount of time to respond, normally about 30 days.
The next step in the legal process is discovery. This is when both sides will create documents and evidence to support their side of the truth. cerebral palsy attorney folsom will work with medical experts and witnesses to gather additional evidence to support your case. After this phase the court will schedule a pre-trial conference to discuss the case.
Many cases of medical malpractice are resolved by settlement agreements instead of the trial verdict. It is faster and less costly for both parties. Your lawyer will do everything possible to assist you in reaching an acceptable settlement amount. This amount should include the cost of your child's future expenses and losses.
Many families of children who have CP are encouraged by the fact that their medical staff has been held 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 situations.