manteno cerebral palsy law firm Palsy Lawsuit Settlements

Settlements in the case of cerebral palsy lawsuits can help families pay for the cost of treatment and care for their child. The average family will need around $1 million to cover a lifetime's worth of medical expenses relating to cerebral palsy.

Although every cerebral palsy case is different however, the majority of cerebral palsy lawsuits look similar. An attorney can assess your claim in a free consultation.

Statute of limitations

Cerebral Palsy can have an effect on children for years, as well as their families. Children with deer park cerebral palsy attorney palsy usually have a significant medical bill that range from treatment to specialized equipment to therapy. In severe cases, children suffering from cerebral palsy may require around-the-clock 24-hour or part-time treatment. The process of obtaining compensation can help cover the costs.

It is important to understand the laws in your state concerning medical malpractice claims. There are many states that have laws that restrict the time that you can file a claim after an illegal event. If you don't meet the deadline, the court will likely dismiss your claim.

Although the laws of every state may differ slightly but they all allow citizens to bring personal injury lawsuits, which include those related to medical malpractice. If you suspect that the medical professional or facility caused harm to your child and resulted in the development of CP it is crucial to speak with a reputable cerebral palsy lawyer as soon as you can to ensure that you have enough time to make an injury claim.

For instance The Kansas statute of limitations in cases involving birth injuries permits two years from when the mistake occurred. Kentucky is a more strict state when it comes to this kind of case and only permits citizens to find the harm within one year.

Gathering Evidence

Physical and occupational therapy is usually needed for patients suffering from cerebral palsy. Their parents may have modify their homes or purchase special equipment, such as wheelchairs. These expenses can be very expensive and a lawsuit may aid the family in obtaining compensation to cover the medical bills and enhance the quality of life for their child.

A medical malpractice case is usually based on whether a doctor's actions or decisions fell below the standard of care given the circumstances. Your attorney will scrutinize your child's birth, pregnancy, and early infancy records, as well as other evidence to determine if the CP symptoms could have been prevented with better medical treatment.

Your attorney will also talk to your child's physicians and other health care professionals regarding your child's medical treatment as well as the CP symptoms. They will review the evidence and prepare for trial. This could include getting expert witness testimony to prove your case and refuting the defense's arguments.

If medical experts believe that the CP in your child was caused by medical negligence, your lawyer will file a complaint at your local court. Based on the laws in your state and regulations, you may have a limited amount of time to submit a claim. Your lawyer will explain these rules to you. If you do not file your claim within the statute of limitations the claim will be dismissed.

Case Filing

When a medical mistake during childbirth, pregnancy or right after birth causes your child's cerebral palsy, you could be able to start a lawsuit and seek compensation for the damages. If you are successful in your case the settlement for cerebral palsy could pay for all of your family's costs including ongoing care and treatment.

An experienced lawyer will review your case to determine whether you have a legitimate legal claim against the medical professionals accountable for the injuries your child sustained. Your lawyer will gather every kind of evidence to prove your claim. This can include medical records for both the mother and the child, witness accounts of the birthing process of your child, as well as other evidence. Once the initial evidence is collected, your attorney will formally file your lawsuit in court. You are the plaintiff and the hospital or doctor that caused your child's injury will be the defendant.

If the defendant accepts liability, your cerebral palsy lawsuit could be resolved in just a few months. If, however, the defendants dispute liability or your child's injuries are severe the case may have to go through a trial. During the trial, your lawyer will present the evidence to a judge or jury who will determine the liability and the amount of compensation your child must be awarded.

Trial

Once your attorney gathers all the information needed the attorney can commence filing your case. They will send the defendants a demand letter in which they are asked to compensate your family and yourself for any the damages resulting from medical negligence. The defendants will have only a short time to respond, typically approximately 30 days.

Discovery is the next phase of the legal procedure. Both sides will prepare documents to show their side. Your lawyer will collaborate with experts in medicine and witnesses to gather additional evidence for your case. After this phase the court will arrange a an initial trial conference to discuss the case.

Settlement agreements are usually used to settle medical malpractice cases, instead of a jury verdict. This is preferable for both parties because it is cheaper and quicker. Your lawyer will do all they can to help you reach an acceptable settlement amount. The amount you settle for must be adjusted to account for the future expenses of your child as well as losses.

Many families of children who have CP are comforted by the fact that their medical team is accountable for their actions. This can help families redefine themselves and move forward in confidence. It can also help raise awareness of other families who are in similar situations.