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How to File a Cerebral Palsy Lawsuit You might be able to file an action in the event your child suffers from cerebral paralysis Every case is different however most follow the same procedure A knowledgeable lawyer who is experienced in cerebralpalsy law can take care of every aspect of the process Your claim is valid If medical experts can prove that a doctors or another medical professionals negligence directly caused your childs brain injury Damage awards can be significant Damages Cerebral palsy is a difficult and devastating issue for families particularly since it typically requires ongoing medical treatments and care The emotional toll CP can impose on parents can cause them to be exhausted and financially strained In a cerebral palsy case families may be compensated for economic and other damages Economic damages include medical bills and future care costs and lost earnings due to the childs limitations Noneconomic damages include suffering and pain disfigurement mental anguish and loss of enjoyment life The amount of money awarded in a cerebral palsy case is contingent on the specific cases damages but generally speaking the average cerebral palsy settlement in the country is about 5 million These figures are based upon the experience of our birth injury lawyers in handling these cases and the results of settlements as well as jury verdicts across the nation Your attorney will gather all the evidence necessary to prove that the hospital or doctor who delivered your child caused the injuries to your child They will also draft an expertcreated Life Care Plan that estimates the future needs of your child A reputable lawyer who has nurses on staff will be able to listen to your story and determine whether the injuries suffered by your child were the result of medical negligence during labor and birth They will then complete the timeconsuming work of collecting evidence and calling witnesses Typically the medical experts involved will settle out of from court however in the event that they dont the case could go to trial Time limit If you dont meet the deadline to file a lawsuit the court may dismiss your case It is important to speak with a birth injury lawyer in the earliest time possible to understand your rights as well as the deadlines for filing a lawsuit that are statutory in your case Generally speaking the statute of limitations for medical malpractice cases is two years However if youre representing a minor sufferer of medical negligence the statute of limitations may be extended to their 20th birthday The legal team you hire will also need time to look over your childs claim and gather documentation and witness testimonies This is an essential step in your childs medical negligence case because it will determine the amount of compensation you could receive Youll want to work with an attorney who specializes in cerebral palsy cases This will ensure theyre acquainted with the complicated issues that arise in this type of lawsuit They will be able build a strong argument that maximizes the potential for financial recovery of your child You should also find an attorney who is on contingency This means that they wont receive a fee unless they win your case This can ease the pressure that comes with paying for attorneys services and help build trust between your legal team and you In addition it assures that your lawyer wont pursue your case if they do not believe youll have a decent chance of winning Find a lawyer Cerebral palsy cases are often filed by families whose children were injured due to negligence of a medical professional If you suspect that your childs cerebral palsy caused by a mistake made by medical professionals you must seek out a lawyer as soon as possible State laws called statutes of limitations dictate how long you are required to initiate legal action in these cases Find a lawyer who is specialized in medical malpractice They have the knowledge and resources to fight against the hospital and the doctors involved in your case They will also be able examine the medical records of your family members examine the medical procedures which were used during the birth and determine if the injuries could have possibly been avoided had the individuals responsible for the birth been more vigilant Most cerebral palsy lawsuits are resolved out of court and a skilled lawyer can negotiate an agreement that is fair to your family There are compensation caps that can limit what you can be awarded A person suffering from CP is likely to require continuous medical treatment and support It can be costly so its essential to seek legal advice as soon as possible A CP lawsuit can assist you in recovering the expenses associated with taking care of your child and give you a sense that justice has been served Filing a lawsuit Cerebral Palsy may be an extremely serious condition that affects every aspect of the childs life It can cause cognitive and physical disabilities that require continual treatment in therapy therapy or other medical care A successful legal claim can help to help a child suffering from cerebral palsy live a healthy and happy life Parents who file lawsuits for cerebral palsy often seek compensation for medical errors committed during pregnancy or the birth by doctors or other health care providers Medical malpractice is the term used to describe this A cerebral palsy lawyer may look over your case and determine whether you have an appropriate claim A lawyer can help you to file a lawsuit against the medical professional or team responsible for the injury your child sustained He or she will consult with medical experts to prove the doctors mistake caused your childs injuries Expert witnesses will present details about the injuries its longterm effects and the cost related to the childs ongoing care Most cerebral palsy malpractice lawsuits settle through settlements instead of a trial which is costly and timeconsuming cerebral palsy law firm thousand oaks can assist you determine which settlement is appropriate for your particular situation A lawsuit can help you to raise awareness about this common form of medical negligence This will help prevent similar mistakes in the future
