Cerebral Palsy Lawsuit Settlements
Cerebral palsy lawsuit settlements can aid families in covering the cost of treatment and care for their child. The average family requires at least $1,000,000 to cover medical expenses related to cerebral palsy throughout an entire lifetime.
Although cerebral palsy attorneys aurora is unique, most cerebral palsy lawsuits are based on the same steps. In a free case review, an experienced lawyer can determine if you have a compelling claim.
Statute of limitations
Cerebral palsy has an impact that lasts for a long time on children and their families. Children who have cerebral palsy face a lot of medical costs. This can include everything from therapy to specialized equipment. In severe cases, a child with cerebral palsy may require continuous or even part-time care. Compensation can help pay for these costs.
It is important to understand the laws in your state concerning medical malpractice claims. A lot of states have statutes that limit the time for which you can make a claim following an unlawful event. If you miss this deadline the court could dismiss your claim.
Although the laws of every state vary slightly but they all allow citizens to bring personal injury lawsuits, including those that relate to medical malpractice. You should seek out a lawyer for cerebral palsy whenever you suspect that a medical professional or a facility has caused your child's CP.
For instance The Kansas statute of limitations in a birth injury case allows two years from the date the mistake occurred. 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 a year.
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, like wheelchairs. These expenses can be very expensive and a lawsuit may aid the family in obtaining compensation to cover these medical expenses and improve the quality of life for their child.
A medical malpractice case is usually determined by whether a doctor's actions or choices fell below the standard of care in the circumstances. Your attorney will examine the child's medical records from birth, pregnancy and early childhood to determine if CP symptoms could be prevented with more effective medical care.
Your lawyer will also talk with your child's doctors and other health care providers regarding your child's medical treatment as well as the CP symptoms. They will analyze the evidence and prepare the case for trial. This may include the testimony of an expert witness to prove your case and refuting the defense's arguments.
If medical experts agree that the CP in your child was caused by medical malpractice the lawyer will file an action with your local court. You may only have a limited period of time, based on the laws in your state and the court you start a lawsuit. Your lawyer will explain these rules to you. If you don't file within the timeframe of the statute of limitations your claim will be dismissed.
Case Filing
If a medical error during pregnancy, childbirth or immediately after birth causes your child's cerebral palsy, you may be able to start a lawsuit and seek compensation for damages. If you're successful in your claim the settlement for cerebral palsy may pay for all of your family's costs as well as regular care and treatment.
An experienced attorney will review your case and determine whether you have a solid claim against the medical professionals who are responsible for the injuries your child sustained. Your lawyer will then collect all the evidence necessary to prove your claim. This may include imaging scans, medical records from both the mother and child, testimony from witnesses to your child's birthing process, and other evidence. Once all the evidence needed is gathered then your attorney will submit your lawsuit to the court. You are the plaintiff and the doctor or hospital that caused your child's injury will be the defendant.
If the defendant accepts liability the cerebral palsy lawsuit could be resolved in a matter of months. However, if the defendants dispute liability, or the injuries sustained by your child are serious, you might need to go through a trial. During the trial your lawyer will argue all evidence in your case to a judge or jury who will make the verdict that determines liability and a fair amount of compensation for your child's losses.
Trial
Once your attorney gathers all the required information after which they will begin making the case. They will send the defendants a demand notice asking them to compensate you family and you for damages caused by medical negligence. The defendants are given a certain time to respond. In most cases, this is about 30 days.
Discovery is the next step of the legal procedure. Both sides will create documents to prove their side. Your attorney will work with medical experts and witness to gather more evidence for your case. Following this stage, the court will usually convene pre-trial conference meetings to discuss the case and determine if it is ready to go to trial.
Many instances of medical malpractice are settled by settlement agreements instead of the trial verdict. Settlement agreements are quicker and less costly for both parties. Your lawyer will do all they can to assist you in reaching an appropriate settlement amount. The amount you settle for must take into account your child's expenses over the long term as well as losses.
Many families with children who suffer from CP feel secure knowing that their medical staff was accountable for their actions. This can help them rethink their lives and move forward with confidence. It may also help in raising awareness of families that are experiencing similar situations.