Cerebral Palsy Lawsuit Settlements
Settlements from cerebral palsy lawsuits can help families pay for the treatment and care of their child. A typical family will require upwards of $1 million to cover the lifetime medical expenses associated with cerebral palsy.
Although each case is unique the majority of cerebral palsy lawsuits follow similar steps. A lawyer can evaluate your claim in a free consultation.
Statute of limitations
Cerebral palsy can have lasting effects on children and their families. cerebral palsy law firm bolingbrook suffering from cerebral palsy incur lots of medical costs. This could include everything from therapy to special equipment. In severe cases, children with cerebral palsy may require round-the 24/7 or even part-time care. Compensation can help pay for these costs.
A cerebral palsy claim can be a lengthy legal process and it is essential to be aware of the laws in your state regarding medical malpractice claims. A lot of states have statutes or limitations that place a time limitation on how long you can file a lawsuit after an unconstitutional event occurs. If you don't file by the deadline and file a claim, it will be dismissed by the court.
While each state's laws vary slightly, many states allow citizens a few years to make personal injury claims that include medical malpractice. If you suspect that a medical professional or establishment caused harm to your child or resulted in their CP it is imperative to consult a knowledgeable cerebral palsy lawyer as soon as you can so that you have enough time to make a claim.
Kansas for instance, allows two years to expire from the date of the error. Kentucky is a more strict state in this kind of situation and only permits citizens to identify the injury within a year.
Gathering Evidence
Many patients with cerebral palsy need lifelong care including occupational and physical therapy. Parents may have to change their home and buy special equipment, such as wheelchairs. These expenses are often very expensive and a lawsuit may assist the family to receive compensation to pay these medical expenses and improve the quality of life of their child.
A medical negligence case is typically based on the doctor's actions fell below the standard treatment under the circumstances. Your lawyer will go over the child's medical records from birth as well as the time of pregnancy and early childhood to determine if CP symptoms could be prevented with better medical treatment.
Your lawyer will also talk with the doctors and other health care professionals about your child's treatment as well as CP symptoms. They will examine all evidence and prepare for trial. This could include gathering testimony from experts to prove your case and disproving the defense's arguments.
If the medical experts agree that your child's CP was the result of medical negligence Your lawyer will file a civil complaint with your local court. According to the laws of your state, you may have a limited amount of time to file a claim. Your attorney will explain to you these rules. Your claim could be dismissed if you fail to file your claim within the deadline.
Case Filing
If a medical error during childbirth, pregnancy or the moment after birth triggers your child's cerebral palsy, you may be able to file a lawsuit and pursue compensation for the damages. If you are successful in your claim, the settlement for cerebral palsy may be enough to cover your family's costs including continuing care and treatment.
An experienced attorney will review your case and determine whether you have a valid claim against medical professionals accountable for your child's injuries. Your lawyer will gather all types of documentation to support your claim. These could include medical records for both the mother and the child and witness reports of the birth of your child, as well as other relevant proof. Your lawyer will file your lawsuit after the initial evidence is collected. You will be the plaintiff, and the doctor and hospital who caused your child's injuries will be the defendant.
Your cerebral palsy case could 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 serious, you might require a trial. During the trial the lawyer will present all evidence to a judge or jury who will issue a verdict determining liability and a fair amount of compensation for your child's injuries.
Trial
Once your attorney gathers all of the necessary information, they can begin making the case. They will send a demand letter to the defendants asking them to compensate you and your family members for the damages related to the medical negligence. The defendants are given a certain time to respond. In most cases, this is about 30 days.
Discovery is the next stage of the legal procedure. Both sides will draft documents to support their position. Your attorney will collaborate with medical experts and witnesses to gather additional evidence to support your case. Following this stage, the court will usually schedule pre-trial conferences to discuss the case and determine whether or not it is appropriate to go to trial.
Many instances of medical malpractice are resolved through settlement agreements instead of a trial verdict. Settlement agreements are quicker and less costly for both parties. Your lawyer will do everything to assist you in reaching the most reasonable settlement amount. The amount you settle must include your child's future expenses and losses.
Many families of children who have CP are relieved by the fact that their medical team is accountable for their actions. This can allow them to rethink their lives and move forward with confidence. It also helps raise awareness of other families who are in similar situations.