"Ask Me Anything:10 Responses To Your Questions About Cerebral Palsy Litigation

Cerebral Palsy Lawsuit Settlements

Settlements from lawsuits involving cerebral palsy could help families pay for the treatment and care of their child. A typical family will require more than $1 million to cover the lifetime medical expenses associated with cerebral palsy.

Although every case is unique, most cerebral palsy lawsuits have similar steps. A lawyer can evaluate your claim in a free consultation.

Statute of limitations

Cerebral palsy has an effect on children for years, as well as their families. Children suffering from cerebral palsy attorney palsy incur numerous medical expenses. This could range from therapy to special equipment. In severe instances, children with cerebral palsy may need around-the 24-hour or part-time treatment. Compensation can help pay for the expenses.

A cerebral palsy lawsuit could be a complex legal process and it is crucial to be aware of the laws in your state regarding medical malpractice claims. Many states have statutes that restrict the time that you can file a claim after an incident that is illegal. If you do not file your claim by the deadline, your case will be dismissed by the court.

Although the laws of each state vary slightly but they all allow citizens to make personal injury lawsuits, including those relating to medical malpractice. It is recommended to contact a cerebral palsy lawyer as soon as you suspect that a medical professional or facility has caused your child's CP.

Kansas for instance allows two years to expire from the date of the error. Kentucky is a more strict state when it comes to this type of case and only permits citizens to find the damage 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 buy special equipment such as wheelchairs. These expenses are often very expensive, and a lawsuit can help the family receive compensation to cover the medical bills and enhance the quality of life of their child.

A medical malpractice claim is usually the result of determining if a doctor's actions or decisions fell below the standard of care under the circumstances. Your attorney will look over your child's birth, cerebral Palsy Lawsuits pregnancy and early infancy records, as well as other evidence to determine if the CP symptoms could have been prevented with more effective medical treatment.

Your attorney will also talk to your child's physicians 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 getting expert witness testimony in support of your claims and refuting defense arguments.

If medical experts are of the opinion that your child's CP was caused by negligence in the medical field Your lawyer will file an action in civil court with your local court. You may only have a certain amount of time, based on the laws in your state to bring a lawsuit. Your lawyer will explain these rules to you. Your claim could be dismissed when you fail to submit your claim within the time frame.

Case Filing

If a medical error during childbirth, pregnancy or shortly after birth results in your child's cerebral palsy, you could be eligible to make a claim and seek compensation for the damages. If you're successful in your claim the settlement for cerebral palsy may cover all of your family's costs including regular care and treatment.

A seasoned attorney will review your case and determine whether you have a legitimate 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 as well as medical records from the mother and child, reports from people who witnessed the birth of your child and other evidence. Your lawyer will file your lawsuit after the initial evidence is collected. You will be the plaintiff while the doctor or hospital that caused the injury to your child will be the defendant.

Your cerebral palsy case may be resolved within a few months if the defendant accepts responsibility. If the defendants dispute liability, or the injuries sustained by your child are serious and severe, you may need to go through 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

Once your attorney gathers all the information needed after which they will begin filing your case. They will send an order letter to the defendants asking them for compensation for your family and you for the losses resulting from the medical negligence. The defendants will have only a short time to respond, typically within 30 days.

The next step in the legal procedure is discovery. This is when both sides will prepare documents and evidence to support their side of the truth. Your attorney will work with medical experts and witnesses to gather more evidence for your case. After this phase the court will set a pre-trial conference to discuss the case.

Many cases of medical malpractice are resolved through settlement agreements instead of a trial verdict. This is preferable for both parties as it is cheaper and quicker. Your lawyer will work diligently to help you come up with an appropriate settlement amount. The amount you settle for must take into account your child's long-term expenses and losses.

Many families with children who suffer from CP are reassured knowing that their medical personnel was accountable for their actions. This can help families rethink themselves and move forward in confidence. It also helps to raise awareness for other families who may be facing the same thing.