How to Make a Cerebral Palsy Legal Claim

The process of pursuing compensation in a cerebral palsy case involves many steps. The goal is to recover compensation for your child's suffering as well as the costs your family has faced since their CP diagnosis.

Proving that medical malpractice or negligence caused your child's CP is the first step. During a free consultation with your lawyer, they will review all the details of your case, and begin collecting evidence.

Legal Questions

fraser cerebral palsy attorney palsy causes a wide range of cognitive and physical issues, and can lead to lifelong care requirements. Medical expenses can be a major burden on any family. If your child's cerebral paralysis is the result of medical errors that could have been avoided it could be entitled to compensation.

An experienced lawyer who has handled cerebral palsy cases can assist you to determine if the condition of your child was caused by medical negligence and if it is possible to bring a lawsuit. The lawyer will examine your child's medical records and birth details, and then collect any additional evidence like scans of imaging and testimony from family members or medical professionals.

Once the lawyer has collected enough evidence, they will send an order letter to the defendants in your case, asking for a payment from you and your child for their wrongful conduct. If the defendants refuse to agree to a settlement they might be subject to trial where they might be found guilty of misconduct. Many lawyers suggest that you settle out of court to save time and avoid the stress of a trial. Settlements can also allow your family to pay for treatment earlier. Your lawyer will fight for the best result should a trial be required. This could mean compensation to your child for any future or past income loss as well as pain and suffering and any other damages.

Statute of limitations

Cerebral Palsy can result in permanent and life-altering disabilities. It can impact coordination and movement as well as secondary issues like musculoskeletal disorders that cause secondary problems, speech and hearing problems, vision, learning, and behavior. It could also have an impact on daily living expenses medical costs, and the cost of specialist equipment.

Compensation claims can be used to help pay for the initial and ongoing costs of rehabilitation, care and assistance. A substantial amount of compensation could make a huge improvement in the quality of life for the family and their future plans. However, it cannot solve the problem or alter the circumstances that affected your child this is why it's important to seek legal advice immediately.

Every state has its own statute of limitations, which gives a time frame following an event during which you are able to file a lawsuit. It is recommended to speak with an attorney early to ensure that you don't lose your case in the process.

Your Kansas City cerebral palsy lawyer will need to be able to prove, when submitting an malpractice case that the healthcare provider's action fell below what is considered reasonable or normal in their field. To decide what to do, the lawyer will consider the actions of other healthcare professionals with similar training and experience would have done in similar circumstances. This is referred to as the standard of care.

Preparing a Lawsuit

If your child is diagnosed with cerebral palsy or other neurological disorder, the life-altering consequences of this condition can be overwhelming. This is particularly true when families are trying to pay the high cost of care. If your child's CP is the result of medical malpractice during pregnancy or the birth of your child or birth, you could be able to claim compensation.

A Black Jack Cerebral Palsy Attorney palsy lawyer will review your child's medical records to determine what steps a healthcare professional should have taken to avoid injuries. Our lawyer will prepare the necessary paperwork for filing lawsuits if it's determined that a mistake or error by a healthcare professional caused your child's CP. We will also engage medical experts to analyze your child's case.

Once a lawsuit is filed the defendants will be given a specific time frame to reply to your complaint. During this time, both parties will exchange formal requests for evidence or documents such as interrogatories and depositions.

Our legal team knows that it's difficult to concentrate on the health and well-being of your child when you are struggling to pay for the rising costs of care. We work on an hourly basis which means that you will only pay our legal fees if we can win you an award in the form of money.

Filing an action

Cerebral Palsy is a non-progressive condition that affects coordination, movement balance, posture and coordination. The treatment for CP may include medication and surgeries, as well as assistive technology and other therapies. These expenses can mount up quickly, causing significant financial stress for families.

A cerebral palsy attorney can assist families in obtaining compensation that can transform their lives by reimbursing medical expenses. A legal claim can allow a family to afford an appropriate, safe home for their child and ensure they live in a peaceful, stable environment.

During the process of filing a lawsuit, your lawyer will gather documents to back your case. These may include images of your child and medical records from the mother's pregnancy and birth, and accounts from witnesses who can testify to the birthing process. Your lawyer can also engage an expert in medical to analyze the evidence in your case.

After the review your lawyer will bring a lawsuit against the healthcare providers who caused the birth injury of your child. This is usually handled in the local courthouse. Some cases are resolved in an agreement of settlement without ever going to trial. This is usually preferable to the emotional stress of reliving the traumatizing birthing experience, and listening to testimonies from witnesses in court. Settlements also allow families to receive the money they need faster.