Cerebral Palsy Lawsuit Settlements

Settlements in the case of cerebral palsy lawsuits can help families pay for the costs of treatment and care for their child. The average family will need more than $1 million to cover their lifetime medical expenses related to cerebral palsy.

While every stanwood cerebral palsy lawsuit palsy lawsuit is different however, the majority palsy lawsuits are similar. In a free case review, an experienced lawyer can determine if you have a compelling claim.

Statute of Limitations

Cerebral palsy is a severe condition that can have a long-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 extreme instances, a child diagnosed with cerebral palsy may require continuous or part-time assistance. Obtaining compensation can help cover these costs.

It is important to know the laws in your state regarding medical malpractice claims. Many states have statutes that limit the time for which you can bring a lawsuit following an unlawful event. If you miss the deadline, the court will likely dismiss your case.

While every state's laws differ slightly, many states allow citizens to have a few years to file personal injury claims which include claims relating to medical negligence. If you suspect that an individual or a facility caused harm to your child and caused their CP It is vital to contact an experienced cerebral palsy lawyer as fast as you can to ensure that you have enough time to file claims.

Kansas for instance allows two years to expire from the date of the error. Kentucky is among the states with the most stringent laws in these types of cases and only gives citizens one year to determine the damage.

Gathering Evidence

Physical and occupational therapy is often needed for patients suffering from cerebral palsy. Parents may need to modify their home and buy special equipment such as wheelchairs. These costs can be expensive, and a lawsuit can aid the family in obtaining the compensation needed to cover these medical expenses and improve the quality of life for their child.

A medical malpractice case is usually determined by whether a doctor's actions or decisions were not in line with the standard of care under the circumstances. Your attorney will look over 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 more effective medical treatment.

Your attorney will also speak to the doctors and other health professionals about the treatment of your child as well as CP symptoms. They will analyze all evidence and prepare for trial. This may include getting expert testimony from witnesses in support of your arguments and debunking defense arguments.

If medical experts believe that the CP in your child's case was caused by medical malpractice the lawyer will file an action in your local court. You may only have a certain amount of time, based on the laws of your state and the court you make a claim. Your lawyer will explain these rules. Your claim is dismissed if you do not file within the specified time.

Case Filing

If a medical mistake during pregnancy, childbirth, or the first few weeks after birth led to your child to develop cerebral palsy, you could be able to make a claim and seek compensation for damages. If you're successful with your claim the settlement for cerebral palsy could pay for all of the expenses of your family which includes ongoing care and treatment.

An experienced attorney can review your case to determine if you have a strong legal claim against the medical professionals who are responsible for the injuries your child sustained. Your lawyer will then collect all evidence to support your claim. This could include medical records for both the mother and the child and witness accounts of the birth of your child, and other evidence. Once all the evidence needed has been gathered and your lawyer has completed the formal process, you will file your lawsuit in court. You are the plaintiff and the hospital or doctor who caused the injury to your child will be the defendant.

If the defendant accepts liability, your Gonzales Cerebral Palsy Law Firm palsy lawsuit could be resolved in just a few months. If the defendants deny responsibility or if the injuries suffered by your child were severe, you may need to go to trial. During trial your attorney will present evidence before a jury or judge who will decide liability and the amount of compensation your child should be awarded.

Trial

When your attorney has all the necessary information and is ready to file your case. They will send the defendants a demand notice in which they are asked to compensate your family and yourself for any damages caused by medical negligence. The defendants will have an amount of time to respond, usually approximately 30 days.

The next phase of the legal process is discovery. It is the time when both sides create documents and evidence to support their side of the story. Your lawyer will work with medical experts and witness to gather evidence for your case. After this phase, a court will schedule an initial trial conference to discuss the case.

Many instances of medical malpractice are settled by settlement agreements instead of a trial verdict. Settlement agreements are quicker and less costly for both parties. Your lawyer will work hard to reach an equitable settlement. This amount should take into consideration 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 is accountable for their actions. This can help families redefine their lives and move forward with confidence. It may also help in raising awareness of families that are experiencing similar situations.