Cerebral Palsy Lawsuit Settlements
Settlements from cerebral palsy lawsuits can help families pay for the treatment and care of their child. The average family has to pay more than $1,000,000 to cover all medical costs associated with cerebral palsy over the course of an entire lifetime.
While every cerebral palsy case is different, the majority palsy lawsuits are similar. A lawyer can evaluate your claim during a free consultation.
Statute of Limitations
Cerebral palsy can have an effect on children for years and their families. Children with cerebral palsy are subject to a lot of medical expenses. This could include everything from therapy to special equipment. In extreme cases, children suffering from cerebral palsy may need around-the 24-hour or part-time treatment. Compensation can help pay for these costs.
It is important to understand the laws in your state concerning medical malpractice claims. Many states have statutes of limitations that set a time limitation on how long you are allowed to file a claim after an illegal event occurs. If you fail to file your claim within the timeframe your case will be dismissed by the court.
Although every state's laws differ slightly, most allow citizens a few years to claim personal injury compensation which include claims relating to medical malpractice. If you suspect that an individual or a facility harmed your child and caused their CP it is crucial to contact a skilled cerebral palsy lawyer as soon as you can to ensure that you have enough time to file claims.
For example The Kansas statute of limitations in cases involving birth injuries permits two years from the date that the error occurred. Kentucky is among the stricter states in these types of cases and provides citizens with a year to determine the damage.
Gathering Evidence
Physical and occupational therapy is typically required for those suffering from cerebral palsy. Their parents may have to remodel their homes and purchase special equipment, such as wheelchairs. The medical costs can be extremely costly. A lawsuit can aid the family in obtaining compensation to pay for these expenses and make a difference in the life of the child.
A medical malpractice claim is usually determined by whether a doctor's actions or decisions were not in line with the standard of care given the circumstances. Your attorney will examine your child's birth, pregnancy and early infancy records and other evidence to determine whether the CP symptoms could have been prevented with more effective medical treatment.
Your lawyer will also talk to doctors and other health professionals about the treatment of your child as well as CP symptoms. They will evaluate the evidence and prepare the case for trial. This could include obtaining expert witness testimony in support of your assertions and disproving defense arguments.
If medical experts agree that the CP in your child was caused by medical negligence and your lawyer files a complaint at your local court. Based on the laws of your state you may have a limited amount of time to make a claim. Your attorney will explain these rules to you. If you don't file within the timeframe set by the statute of limitations your claim will be rejected.
Case Filing
If a medical mishap during childbirth, pregnancy or in the first few weeks following birth caused your child to develop cerebral palsy you may be able start a lawsuit and claim compensation for the damages. If you're successful with your case, the settlement for cerebral palsy could be enough to cover your family's costs which includes continuing care and treatment.
An experienced attorney will review your case and determine if you have a strong claim against the medical professionals responsible for your child’s injuries. Your lawyer will then gather all the relevant documentation to prove your claim. This may include medical records for both the mother and the child as well as witness accounts of the birthing process of your child, and other evidence. Your attorney will file your lawsuit after the evidence has been collected. You will become the plaintiff, while the doctor and hospital who caused your child's injuries will become the defendant.
If the defendant accepts responsibility and you have a cerebral palsy case, it might be resolved in just a few months. If the defendants contest liability or the injuries sustained by your child are serious and severe, you may need to go through a trial. During the trial your lawyer will present all the evidence before a judge or jury who will then render an opinion on liability and a fair amount of compensation for your child's losses.
Trial
Once your lawyer has all the information needed, they can begin making the case. They will send an order letter to the defendants requesting that they compensate you and your family for the damages related to the medical negligence. The defendants will have an amount of time to respond, usually around 30 days.
The next stage of the legal process is discovery. It is when both sides will create documents and evidence to support their side of the truth. cerebral palsy lawyer hillsboro will collaborate with medical experts and witness to gather evidence for your case. Following this the court will arrange a pre-trial conferences to discuss the case.
Settlement agreements are often used to resolve medical malpractice cases instead of the jury verdict. This is preferable for both parties as it is faster and less expensive. Your lawyer will be diligent to help you come up with an acceptable settlement amount. The amount you settle for must take into account the long-term costs of your child as well as losses.
Many families of children with CP find comfort in knowing that their medical team was held accountable for their actions. This can help families rethink themselves and move forward in confidence. It can also help raise awareness of other families going through similar situations.