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How to File a Claim for Cerebral Palsy Litigation Parents are often overwhelmed when they learn of their childs diagnosis They are concerned about their childs health as well as the cost of medical care Parents can get compensation to cover the ongoing treatment of their child and take into account the loss of income cerebral palsy law firm pasadena or trial verdict could aid in the payment of these costs Compensation A diagnosis of cerebral paralysis can be devastating to any family A legal action can ease the financial burden and provide a path to future care It can also give families peace of mind and a sense justice Although no amount can compensate for a condition caused by medical malpractice it can aid in easing some of the financial burden and help your child live to lead a happy and healthy life In the majority of instances a successful lawsuit will result in a settlement of the medical expenses of your child and also noneconomic damages These may include emotional distress and loss of enjoyment life and suffering Your attorney will be able to provide an explanation of how much your case is worth and determine the best method to file it It is essential to file your lawsuit as soon as you are able to Every state has its own statute of limitations which is the period of time after your childs injuries that you can make a civil claim Your lawyer can tell you what the statute of limitation is for your state and then explain what it means for you Delay in filing a lawsuit could mean that you will not be eligible to receive compensation for the medical care your child receives Statute of limitations When parents find out that their child has cerebral palsy their minds are often filled with medical appointments scheduling support and care and changing their work schedules They might not have the time find out the filing deadlines for their lawsuit It is important to contact an experienced attorney as quickly as you can A legal team will look over your case and determine whether there was an act of medical negligence that led to your childs illness They will gather evidence including the testimony of loved ones and medical experts Once they have the evidence they require they can file suit against the medical professionals accountable for the harm to your child You will be named the plaintiff in the suit and the hospital or doctor will be the defendant Compensation from a cerebral paralysis lawsuit could help pay for therapy medication adaptive equipment as well as other costs related to your childs condition It can also cover future earnings lost if your child becomes not able to work or play as well as pain and suffering An attorney can help estimate how much you are entitled to in damages The final decision will be taken by a judge or jury If your claim is accepted a settlement will be paid to you Contingency fee agreement A contingency fee arrangement permits injured victims to seek legal counsel without having to pay a retainer or hourly rate upfront Instead lawyers are paid a portion of a verdict or settlement and the victim is not liable should they lose Before hiring a lawyer it is crucial to know about contingent fees If youve been injured because of negligence on the part of a third party you will need the assistance of a cerebral palsy lawyer Cerebral palsy claims can result in substantial payouts The compensation can be used to pay for previous medical expenses or future treatments physical or occupational therapies as well as assistive devices and other lifechanging requirements A good cerebral palsy lawyer has the experience of negotiating with insurance companies and medical professionals to obtain the maximum payout possible In addition to the attorneys contingency fees You could also be responsible for the costs associated with litigation These costs typically include deposition fees filing fees and the expense of obtaining official medical records Depending on the lawyer you select these costs may be advanced by the attorney and taken from any recovery or they could be included in the contingency fee percentage Either way its important to know how the contingency fee percentage is calculated prior to hiring an attorney In most instances an increase in the percentage of contingency fees is preferred Experience Although childrens CP cant be cured but treatment can increase the ability of children to manage their disabilities Children with mild CP for example may use assistive devices to improve their independence as well as mobility They can also benefit from therapy to improve motor and speech skills They can also visit specialists like an developmental pediatrician a the pediatric neurologist or an otologist on a regular basis Children suffering from severe CP might have stiff muscles as well as a head that is floppy and limited movement They may need wheelchair assistance and 24hour supervised care They are not likely to live independently and may require the use of feeding tubes or suctioning of their own saliva because they cannot swallow They may also experience seizures and have difficulty getting to the bathroom A cerebral palsy suit can assist families in recovering financial compensation for medical expenses and other damages A legal team with experience will evaluate your case to determine its value They can also draft an LifeCare Plan which will outline the cost of future treatment for your child This information can be used to negotiate an equitable settlement from the defendants A settlement or verdict is used to resolve cerebral palsy cases A settlement involves the defendants agreeing to pay a lump sum to the plaintiff for medical care and other damages A trial verdict on the other hand is when both sides present their arguments to a judge or jury
