15 Top Cerebral Palsy Litigation Bloggers You Must Follow

Cerebral Palsy Lawsuit Settlements

Settlements for cerebral palsy lawsuits can help families pay for the costs of treatment and care for their child. A typical family will require up to $1 million in order to cover a lifetime of medical expenses related to cerebral palsy.

While every cerebral palsy case is different, the majority palsy lawsuits are the same. A lawyer can review your case during a no-cost consultation.

Statute of Limitations

cerebral palsy law firms palsy is a severe condition which can have a lasting impact on children and their families. Children who have cerebral palsy attorneys palsy typically suffer from a wide range of medical expenses which range from treatment to equipment that is specialized to therapy. In severe cases, a child suffering from cerebral palsy may require continuous or part-time care. Compensation can help pay for these costs.

It is crucial to be aware of the laws in your state regarding medical malpractice claims. There are many states with statutes of limitations that place a limit on how long you can file a lawsuit after an illegal event has occurred. If you don't file by the deadline your case will be dismissed by the court.

Although the laws in each state vary slightly but they all allow citizens to bring personal injury lawsuits, for example, those involving medical malpractice. You should consult a lawyer who specializes in cerebral palsy as soon as you suspect that a medical professional or a facility caused your child's CP.

Kansas for instance, allows two years to expire from the date of the malpractice. Kentucky is one of the states that is more strict when it comes to this kind of case and only permits citizens to identify the harm within a year.

Gathering Evidence

Many victims of cerebral palsy require care for the rest of their lives that includes occupational and physical therapy. Parents might have to modify their homes and purchase special equipment, like wheelchairs. These expenses are often very expensive, and a lawsuit can aid the family in obtaining compensation to cover these medical expenses and improve the quality of life for their child.

A medical malpractice case typically based on whether or not the doctor's actions and choices were in violation of the standard of treatment under the circumstances. Your attorney will look over your child's records from birth as well as the time of pregnancy and early childhood to determine if CP symptoms could have been prevented with more effective medical care.

Your attorney will also talk with your child's doctors and other health care providers regarding your child's medical treatment in addition to the CP symptoms. They will go through the evidence and prepare for trial. This could include the testimony of an expert witness to support your assertions and refuting the defense's arguments.

If medical experts are of the opinion that your child's CP was the result of medical negligence the lawyer will file a civil complaint with your local court. Depending on your state's laws you may have the time to submit a claim. Your lawyer will explain these rules to you. If you fail to file your claim within the timeframe set by the statute of limitations the claim will be thrown out.

Case Filing

If a medical error occurs during childbirth, pregnancy or shortly after birth results in your child's cerebral palsy, you may be able to bring a lawsuit and seek compensation for damages. A successful claim for a cerebral-palsy settlement could pay for your family's expenses including the ongoing costs of treatment and care.

An experienced attorney will review your case and determine if you have a strong claim against the medical professionals who are responsible for your child’s injuries. Your lawyer will then gather all the evidence necessary to prove your case. These could include scans of your child's brain, medical records from both the mother and the child, statements from people who witnessed the birth of your child, and other relevant evidence. Your lawyer will file your lawsuit after the initial evidence is gathered. You will be named the plaintiff, and the doctor and hospital that caused the injuries suffered by your child will become the defendant.

If the defendant accepts liability and you have a cerebral palsy case, it might be resolved in just a few months. If the defendants disagree on liability or your child's injuries are severe it could be necessary to go to trial. During trial your lawyer will present the evidence to a judge or jury who will determine liability and cerebral palsy lawsuits the amount of compensation your child will receive.

Trial

After your lawyer has collected all the required information and documents, they can start making the case. They will send the defendants a demand note asking them to compensate you family and you for damages related to medical negligence. The defendants are given a short time to respond. It is usually about 30 days.

Discovery is the next step of the legal process. Both sides will draft documents to prove their side. Your lawyer will work with medical experts and witness to gather additional evidence for your case. After this phase the court will arrange a an initial trial conference to discuss the case.

Settlement agreements are usually utilized to settle medical malpractice cases, rather than the jury verdict. It is faster and more affordable for both parties. Your lawyer will do all they can to assist you in reaching a fair settlement amount. This amount will need to be based on your child's long-term expenses and losses.

Many families with children suffering from CP find comfort in knowing that their medical team was held accountable for their actions. This can help families reimagine themselves and move forward in confidence. It can also raise awareness for other families that might be in the same situation.