Cerebral Palsy Lawsuit Settlements
Settlements for cerebral palsy lawsuits can aid families in covering the cost of treatment and care for their child. A typical family will require upwards of $1 million to cover a lifetime of medical expenses related to cerebral palsy.
Each case is different, however The majority of cerebral palsy lawsuits follow the same steps. When you get a free case evaluation an experienced lawyer will determine whether you have a strong claim.
Statute of limitations
Cerebral Palsy can have lasting effects on children as well as their families. Children with cerebral palsy have a lot of medical costs. This could include everything from therapy to special equipment. In the most severe cases, children with cerebral palsy may require 24/7 or part-time assistance. Compensation may help to cover the cost.
It is essential to know the laws in your state concerning medical malpractice claims. Many states have statutes of limitations that place a time limit on the time you can file a claim after an unconstitutional event occurs. If you miss the deadline the court may dismiss your claim.
Although the laws in each state differ but they all allow citizens to file personal injury lawsuits, including those relating to medical malpractice. If you suspect that an individual or a establishment caused harm to your child or resulted in the development of CP it is imperative to contact a skilled cerebral palsy lawyer as quickly as you can to ensure that you have enough time to make a claim.
Kansas for instance permits two years to expire from the date of the error. Kentucky is one stricter state when it comes to this kind of case and allows citizens to be aware of the harm within a year.
Gathering Evidence
Many people with cerebral palsy require ongoing care which includes occupational and physical therapy. Their parents may have modify their homes or purchase special equipment, like wheelchairs. These expenses can be very expensive and a lawsuit could aid the family in obtaining compensation to pay for the medical bills and enhance their child's quality of life.
A medical malpractice case typically based on whether or not the doctor's actions or decisions fell below the standard care in the circumstances. Your lawyer will review 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 doctors and other health experts about your child's treatment as well as CP symptoms. They will go through all evidence and prepare for trial. This may include obtaining expert witness testimony to prove your case and debunking the defense's arguments.
If cerebral palsy attorneys ann arbor agree that the CP in your child's case was caused by medical malpractice the lawyer will file a complaint with your local court. You may be granted a limited period of time, based on the laws in your state, to start a lawsuit. Your attorney will explain these rules to you. If you don't file within the timeframe of the statute of limitations your claim will be thrown out.
Case Filing
If a medical mishap during childbirth, pregnancy, or in the initial few weeks following birth caused your child to develop cerebral paralysis, you could be able to bring a lawsuit and seek compensation for the damages. A successful claim for a cerebral palsy settlement could pay for your family's expenses that include the ongoing costs of treatment and care.
An experienced attorney can review your case to determine if you have a solid legal claim against the medical professionals who are responsible for the injuries your child sustained. Your lawyer will then collect all the evidence needed to prove your case. This can include medical records for both the mother and the child and witness reports of the birthing process of your child, and other evidence. Your lawyer will file your lawsuit after the evidence has been collected. You will become the plaintiff, and the hospital and doctor who caused the injuries suffered by your child will become the defendant.
If the defendant accepts responsibility, your cerebral palsy lawsuit could be resolved in just a few months. If, however, the defendants dispute liability, or the injuries sustained by your child are serious it could be necessary to go through trial. During trial, your lawyer will present evidence to a judge or jury who will decide on liability and the amount of compensation your child must be awarded.
Trial
Once your attorney gathers all of the necessary information, they can begin filing your case. They will send an order letter to the defendants, asking them to compensate your family and you for the damages related to the medical negligence. The defendants will be given a limited amount of time to reply, usually within 30 days.
The next step in the legal process is discovery, which is when both sides will create documents and evidence to support their side of the truth. Your lawyer will work with experts and witnesses to gather additional evidence to support your case. After this, the court will usually organize pre-trial conferences to discuss the case and determine whether it is ready to go to trial.
Many instances of medical malpractice are settled through settlement agreements instead of the trial verdict. It is more efficient and less costly for both parties. Your lawyer will do everything possible to help you reach an acceptable settlement amount. This amount should include your child's long-term expenses and losses.
Many families of children with CP are reassured by the fact that their medical team is accountable for their actions. This can help families redefine their lives and move forward with confidence. It can also increase awareness for other families that may be facing the same situation.