Cerebral Palsy Lawsuit Settlements
Settlements for cerebral palsy lawsuits can aid families in covering the cost of treatment and care for their child. The average family will need up to $1,000,000 in order to cover medical expenses associated with cerebral palsy throughout the course of.
Each case is different, however, most cerebral palsy lawsuits have similar steps. An attorney can assess your case during a no-cost consultation.
Statute of Limitations
Cerebral palsy has an effect on children for years and their families. Children who have cerebral palsy typically have a significant medical bill and can range from treatment to equipment that is specialized to therapy. In severe cases, children with cerebral palsy may require around-the-clock 24-hour or part-time treatment. In some cases, compensation may help to cover these expenses.
It is important to understand the laws in your state regarding medical malpractice claims. A lot of states have statutes that restrict the time that you can file a claim after an illegal event. If you don't file by the deadline and file a claim, it will be dismissed by the court.
While every state's laws differ slightly, many states allow citizens to have a few years to claim personal injury compensation which include claims relating to medical negligence. If you suspect that an medical professional or a facility caused harm to your child and resulted in the development of CP it is crucial to contact a skilled cerebral palsy attorney as soon as you can to ensure that you have enough time to file claims.
Kansas for instance permits two years to pass from the date of the error. Kentucky is among the stricter states when it comes to these types of cases and only gives its citizens one year to discover the harm.
Gathering Evidence
Many patients with cerebral palsy require lifelong care including occupational and physical therapy. Their parents may have to alter their homes or purchase special equipment, such as wheelchairs. These medical expenses can be costly. A lawsuit could help the family get the money needed to pay these costs and improve the child's life.
A medical malpractice case typically based on the doctor's actions and decisions were in violation of the standard of care in the circumstances. Your attorney will look over your child's birth, pregnancy, and early infancy documents and other evidence to determine if the CP symptoms could have been avoided with better medical care.
Your attorney will also talk to your child's physicians and other health professionals regarding the treatment your child receives, as well as the CP symptoms. They will examine the evidence and prepare the case for trial. cerebral palsy lawsuit bridgeport could include obtaining expert witness testimony in support of your arguments and contesting defense arguments.
If medical experts confirm that your child's CP was caused by negligence in the medical field, your lawyer will file an administrative complaint in your local court. You may be granted a limited amount of time, depending on the laws of your state and the court you start a lawsuit. Your attorney will explain these rules. Your claim will be dismissed if you fail to file your claim within the deadline.
Case Filing
If a medical error during childbirth, pregnancy or in the initial few weeks following birth caused your child to develop cerebral palsy you may be able make a claim and seek compensation for the damages. If you're successful in your case the settlement for cerebral palsy could pay for all of your family's costs including the ongoing treatment and care.
A knowledgeable attorney will evaluate your case to determine if you have a legitimate legal 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 claim. These could include medical records for both the mother and the child as well as witness reports of the birth of your child, and other relevant proof. After the required evidence has been collected, your attorney will formally bring your case to court. You will be the plaintiff while the hospital or doctor who caused the injury to your child will be the defendant.
If the defendant accepts responsibility, your cerebral palsy lawsuit might be settled in a matter of months. If the defendants contest liability or your child's injuries are severe the case may have to go through trial. During the trial your lawyer will argue all evidence before a judge or jury who will issue an opinion on the amount of liability and fairness of compensation for the loss of your child.
Trial
Once your attorney gathers all the required information after which they will begin making the case. They will send a demand letter to the defendants, asking them to compensate you and your family members for the losses resulting from the medical negligence. The defendants will be given an amount of time to reply, usually approximately 30 days.
Discovery is the next phase of the legal process. Both sides will create documents to prove their sides. Your attorney will collaborate with medical experts and witness to gather more evidence to support your case. Following this stage, the court will usually hold pre-trial meetings to discuss the case and decide if it is ready for trial.
A lot of cases of medical malpractice are settled through settlement agreements instead of a trial verdict. This is preferred by both parties because it is quicker and less costly. Your lawyer will work diligently to help you reach an appropriate settlement amount. The amount you settle must include the future expenses of your child as well as losses.
Many families of children suffering from CP are comforted by the fact that their medical team has been held accountable for their actions. This can allow families to rethink themselves and move forward in confidence. It could also help to raise awareness of other families going through similar situations.