"Ask Me Anything": Ten Responses To Your Questions About Cerebral Palsy Litigation
Cerebral Palsy Lawsuit Settlements
Settlements for cerebral palsy lawsuits can help families pay for the costs of treatment and care for their child. The average family will need upwards of $1 million to cover the lifetime medical expenses related to cerebral palsy.
While every case is unique the majority of cerebral palsy lawsuits are based on the same steps. A lawyer can evaluate your case during a no-cost consultation.
Statute of Limitations
Cerebral palsy has lasting effects on children as well as their families. Children with cerebral palsy usually face a large medical bill, ranging from treatment to specialized equipment to therapy. In severe instances, a child diagnosed with cerebral palsy could require round-the-clock or part-time treatment. Compensation can help with the cost.
It is essential to know the laws in your state concerning medical malpractice claims. Many states have statutes of limitations that set a time limit on how long you can file a claim following an incident that is illegal occurs. If you miss the deadline your case will be dismissed by the court.
Although the laws in each state vary slightly however, they all permit citizens to make personal injury lawsuits, which include those related to medical malpractice. You should consult an attorney for cerebral palsy whenever you suspect that a medical professional or a facility has caused your child's CP.
Kansas for instance allows two years to pass from the date of the malpractice. Kentucky is one of the states that is more strict when it comes to this kind of case. It only permits citizens to identify the harm within one year.
Gathering Evidence
Many patients suffering from cerebral palsy require lifelong care which includes occupational and physical therapy. Parents may need modify their homes or purchase special equipment, like wheelchairs. The medical costs could be quite costly. A lawsuit can assist the family with compensation to pay these bills and improve the quality of life of the child.
A medical negligence case is usually based on whether the doctor's actions or decisions were not in line with the standard of treatment in the particular circumstances. Your attorney will examine 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 speak with doctors and other health professionals about the treatment of your child as well as CP symptoms. They will examine the evidence and prepare the case for trial. This may include the testimony of an expert witness to support your assertions and countering the defense's arguments.
If medical experts believe that the CP in your child's case was caused by medical negligence and your lawyer files a complaint at the local court. You may be granted a limited amount of time, depending on the laws in your state to file a lawsuit. Your attorney 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 dismissed.
Case Filing
When a medical mistake during pregnancy, childbirth or the moment after birth triggers your child's cerebral palsy, you might be eligible to make a claim and seek compensation for damages. If you're successful in your claim, the settlement for cerebral palsy attorneys palsy may cover all of your family's expenses as well as the ongoing treatment and care.
An experienced lawyer will evaluate your case and determine if you have a strong claim against medical professionals responsible for your child’s injuries. Your lawyer will gather all the relevant documentation to prove your claim. These could include scans of your child's brain as well as medical records from the mother and the child, testimony from people who witnessed the birth of your child, and other evidence. Your attorney will file your lawsuit after the initial evidence is gathered. You will be the plaintiff, while the doctor and hospital who caused your child's injuries will be the defendant.
Your cerebral palsy case may be resolved within a few months in the event that the defendant accepts liability. If, however, the defendants contest liability or the injuries sustained by your child are serious the case may have to go through a trial. During trial, cerebral palsy lawsuits your lawyer will present the evidence to a judge or jury who will determine the liability and the amount of compensation your child is entitled to receive.
Trial
Once your attorney has all the information they require they will be able to begin filing your case. They will send an demand letter to defendants, asking them to compensate your family and you for any damages resulting from medical negligence. The defendants will have only a short time to reply, usually about 30 days.
Discovery is the next step of the legal procedure. Both sides will draft documents to prove their side. Your attorney will collaborate with medical experts and witnesses to gather more evidence to support your case. After this phase the court will typically convene pre-trial conference meetings to discuss the case and decide if it is ready to go to trial.
Settlement agreements are often used to resolve medical malpractice cases instead of a jury verdict. Settlement agreements are quicker and less expensive for both parties. Your lawyer will do everything possible to help you reach an appropriate settlement amount. This amount should take into consideration the future expenses of your child as well as losses.
Many families of children suffering from CP are reassured by the fact that their medical staff has been held accountable for their actions. This can help them reimagine their lives and move forward with confidence. It can also help raise awareness of families that are experiencing similar circumstances.
