Cerebral Palsy Lawsuit Settlements
Cerebral palsy lawsuit settlements can help families pay for the cost of treatment and care for their child. A typical family will require around $1 million to cover a lifetime's worth of medical expenses associated with cerebral palsy.
While every cerebral palsy case is unique however, the majority of cerebral palsy lawsuits are similar. In a free case review, an experienced lawyer can determine if you have a strong claim.
Statute of limitations
Cerebral Palsy is a serious condition that can have a long-lasting impact on children and their families. Children who have cerebral palsy typically suffer from a wide range of medical expenses which range from treatment to specialized equipment to therapy. In the most severe cases, children with cerebral palsy may require 24/7 or part-time care. In some cases, compensation may help to cover these expenses.
A cerebral palsy suit can be a complicated legal process and it is crucial to understand your state's laws regarding medical malpractice claims. Many states have laws that restrict the time in which you are able to bring a claim following an incident that is illegal. If you don't file by the deadline your case will be dismissed by the court.
Although cerebral palsy attorney fontana differ slightly, the majority of states allow citizens to have a few years to file personal injury claims for personal injury, including those involving medical malpractice. You should seek out a lawyer who specializes in cerebral palsy immediately if you suspect a medical professional or facility has caused your child's CP.
Kansas, for example, allows two years to expire from the date of the malpractice. Kentucky is one stricter state in this type of case and allows citizens to be aware of the harm within a year.
Gathering Evidence
Physical and occupational therapy is usually required for people suffering from cerebral palsy. Parents may have to alter their home or purchase equipment like wheelchairs. These expenses can be very expensive and a lawsuit could help the family get the compensation needed to cover these medical expenses and improve the quality of life of their child.
A medical malpractice claim is usually dependent on whether a physician's actions or decisions were not in line with the standard of care under the circumstances. Your attorney will examine your child's birth, pregnancy, and early infancy records, as well as other evidence to determine whether the CP symptoms could have been prevented with better medical treatment.
Your lawyer will also talk with your child's doctors and other health care providers regarding the treatment your child receives, as well as the CP symptoms. They will evaluate the evidence and prepare the case for trial. This could include gathering testimony from experts to support your claims, and countering the defense's arguments.
If the medical experts agree that your child's CP was caused by negligence on the part of a doctor the lawyer will file a civil lawsuit with the local court. You may only have a limited amount of time, depending on the laws in your state in order to file a lawsuit. Your attorney will explain these rules to you. Your claim could be dismissed when you fail to file within the specified time.
Case Filing
If a medical mistake during pregnancy, childbirth, or in the first few weeks after birth led to your child to develop cerebral palsy, you may be eligible to file a suit and seek compensation for the damages. A successful claim for a cerebral palsy settlement can help your family pay for expenses which include ongoing treatment and care costs.
An experienced 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 documentation to support your case. This can include medical records for both mother and child witnesses' reports of the birth of your child, as well as other evidence. Once all the evidence needed is collected then your attorney will present your lawsuit to the court. You are the plaintiff and the hospital or doctor that caused your child's injury will be the defendant.
Your cerebral palsy case may be settled 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 be required to go to court. During the trial, your lawyer will present all evidence in your case to a jury or judge who will issue an award determining the liability of the defendant and a fair amount of compensation for the loss of your child.
Trial
Once your attorney has all the relevant information and is ready to file your case. They will send the defendants a demand letter in which they are asked to compensate your family and yourself for any the damages resulting from medical negligence. The defendants are given a certain time to respond. The typical timeframe is about 30 days.
Discovery is the next step of the legal procedure. Both sides will draft documents to prove their side. Your lawyer will work closely with medical experts and witnesses to gather additional evidence to support your case. After this phase, a court will schedule an initial conference to discuss your case.
Settlement agreements are usually used to resolve medical malpractice cases instead of a jury verdict. Settlement agreements are quicker and more affordable for both parties. Your lawyer will do everything to assist you in reaching an acceptable settlement amount. The amount you settle for must be based on the long-term costs of your child as well as losses.
Many families with children who suffer from CP find comfort in knowing that their medical team was accountable for their actions. This can help families reimagine their lives and move forward with confidence. It can also raise awareness for other families who may be facing the same thing.