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Cerebral Palsy Lawsuit Settlements Cerebral palsy lawsuit settlements can aid families in covering the cost of treatment and care for their child The average family will need up to 1 million in order to cover their lifetime medical expenses associated with cerebral palsy Although every case is unique the majority of cerebral palsy lawsuits follow the same steps A lawyer can review your claim in a free consultation Statute of limitations Cerebral palsy has an effect on children for years as well as their families Children with cerebral palsy usually have a significant medical bill ranging from treatment to equipment that is specialized to therapy In severe cases a child with cerebral palsy may require 247 or parttime treatment Compensation can help pay for the costs A cerebral palsy claim can be a complex legal process and it is crucial to know the laws of your state regarding medical malpractice claims There are many states that have laws that limit the time for which you can bring a claim following an illegal event If you dont file by the deadline your case will be dismissed by the court Although the laws of each state may differ slightly but they all allow citizens to file personal injury lawsuits for example those involving medical malpractice If you suspect that the medical professional or establishment caused harm to your child or caused their CP it is imperative to contact a skilled cerebral palsy attorney as soon as you can to ensure that you have enough time to file claims For instance the Kansas statute of limitations in the case of a birth injury allows two years from the date that the error occurred Kentucky is one of the states that is more strict in this kind of case It only allows citizens to discover the injury within a year Gathering Evidence Physical and occupational therapy is usually required for people suffering from cerebral palsy Parents may need modify their homes or purchase special equipment such as wheelchairs The medical costs can be extremely costly A lawsuit could aid the family to receive compensation to cover these expenses and make a difference in the life of the child A medical malpractice case is usually based on whether a doctors actions or decisions fell below the standard of care given the circumstances Your attorney will review the childs medical records from birth through early childhood pregnancy and the beginning of their lives to determine if CP symptoms could have been prevented by better medical care Your attorney will also talk to your childs physicians and other health professionals regarding your childs treatment as well as CP symptoms They will analyze the evidence and prepare the case for trial This may include getting expert witness testimony in support of your arguments and contesting defense arguments If medical experts believe that the CP in your child was the result of medical malpractice your lawyer will file an action in the local court Based on the laws of your state you may have only a short time to make an action Your lawyer will explain to you these rules Your claim will be deemed to be unfounded if you fail to submit your claim within the time frame cerebral palsy attorneys pawtucket Filing If a medical error during childbirth pregnancy or right after birth causes your childs cerebral palsy you could be able to bring a lawsuit and seek compensation for the damages If you are successful in your claim the settlement for cerebral palsy may pay for all of your familys costs as well as ongoing care and treatment A seasoned attorney will review your case and determine if you have a strong claim against the medical professionals who are responsible for your childs injuries Your lawyer will then collect every kind of evidence to prove your claim This may include imaging scans and medical records of both the mother and child testimony from those who witnessed your childs birthing process and other relevant evidence Your lawyer will file your lawsuit once the initial evidence is gathered You will be the plaintiff while the hospital or doctor who caused the injury to your child will be the defendant The cerebral palsy situation could be settled within a few months if the defendant accepts the responsibility However if the defendants contest liability or your childs injuries are severe and severe you may need to go to trial During the trial your lawyer will present all evidence in your case before a judge or jury who will then issue the verdict that determines the extent of liability and a fair amount of compensation for your childs injuries Trial After your lawyer has gathered all the information needed they can begin making the case They will send a demand letter to defendants asking them to compensate you and your family for the losses resulting from the medical negligence The defendants will be given a limited amount of time to reply usually about 30 days The next stage of the legal process is discovery which is when both sides will create documents and evidence to prove their side of the truth Your lawyer will work closely with medical experts and witnesses to gather additional evidence for your case Following this stage the court will usually schedule pretrial conferences to discuss the case and decide whether it is ready to go to trial Many cases of medical malpractice are resolved by settlement agreements rather than the trial verdict It is faster and less costly for both parties Your lawyer will work hard to help you reach an appropriate settlement amount The amount you settle for must be based on the longterm costs of your child as well as losses Many families with children suffering from CP feel secure knowing that their medical personnel was held accountable for their actions This can help families reimagine their lives and move forward with confidence It could also help raise awareness for other families that may be facing similar circumstances
