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How to File a Cerebral Palsy Lawsuit If your child is suffering from cerebral palsy you might be in a position to file a lawsuit against the doctor or hospital which caused it While every case is different however the majority of cases follow a similar set of steps A skilled cerebral palsy attorney can handle all aspects of the process for you Your claim will be considered valid If medical experts are able to prove that a doctor or other medical professionals malpractice directly contributed to the brain injury of your child Damage awards can be significant Damages Cerebral Palsy is a major issue for families in particular because it requires medical treatment and care that lasts for a lifetime In addition the emotional toll that CP is able to take on parents can leave them burned out and make them struggle financially A cerebral palsy lawsuit could provide families with compensation for both economic and noneconomic damages resulting from the injuries sustained by the child Economic damages can include medical expenses and future care costs and lost earnings due to the childs limitations Noneconomic losses can include pain and suffering disfigurement mental anguish and loss of enjoyment life The amount of money awarded in a cerebralpalsy case is contingent on the amount of damage that occurred in the case However cerebral palsy lawyer racine amounts to 5 million These figures are based upon the experience of our birth injury attorneys dealing with these cases and the results of settlements and jury verdicts across the country Your attorney will gather all the evidence necessary to show that the hospital or doctor that delivered your child triggered your childs injuries They will also develop a Life Care Plan which is an expertcreated estimate of your childs future medical needs A reputable lawyer with nurses who are registered will be competent to listen to your story and determine whether the injuries suffered by your child were the result of medical carelessness during labor and delivery Theyll then take on the timeconsuming work of collecting evidence and calling witnesses Typically the medical experts involved will agree to settle the case outside of court but in the event that they dont the case could go to trial Time limit If you do not meet the deadline to file a lawsuit the court could dismiss your claim It is recommended that you consult an attorney who handles birth injuries as early as you can know your rights and the deadlines that might apply to your case The standard deadline for medical malpractice cases is two years If you represent minor victims the statute of limitation could be extended to their 20th birthday The legal team you select will also need time to look over your childs claim and gather documents and witness testimony This is one of the most important parts of your childs medical malpractice case because it determines how much financial compensation you can be awarded You should work with an attorney who specializes in cerebral palsy cases This will ensure that they are familiar with the complex issues that arise in this kind of lawsuit Theyll be able create a compelling case which maximizes the potential of your child for financial recovery You should also find an attorney that works on contingency This means they dont get paid unless they win your case This can ease the pressure associated with paying for an attorneys services and also build trust between your legal team and you It also ensures your attorney will not consider your claim if he or does not believe you have a good shot at winning Find a lawyer Families with children who have been injured by medical negligence often have to file lawsuits for cerebral palsy If your child has cerebral palsy and you suspect it was caused by a medical error You should consult a lawyer immediately The statute of limitations is a law of the state that determines the time you have to take legal action You should find an attorney who specializes in medical malpractice cases They have the expertise and resources to fight the hospital and doctors involved in your case They will also be able to review the medical records of your family members examine the medical procedures that were used during the birth and determine whether the injuries could have possibly been avoided had the individuals who were responsible for the birth had been more vigilant Most cerebral palsy cases are settled outside of court by a skilled lawyer who can negotiate a fair settlement for your family Be aware of the caps on compensation however which could limit the amount you receive A person suffering from CP is likely to require continuous medical treatment and support This can be costly and it is essential to seek legal advice as soon as you can A CP lawsuit can aid in recovering the costs associated with caring for your child and provide a sense justice Filing a lawsuit Cerebral palsy is an incredibly debilitating condition that affects every aspect of a childs life The condition can lead to cognitive and physical disabilities that require ongoing treatment therapies therapy and other medical treatments A successful legal action can help to help a child who has cerebral palsy live a healthy and fulfilling life Many parents who sue for cerebral palsy seek compensation for the medical errors made by doctors or other health professionals during pregnancy and during birth This is known as medical malpractice A cerebral palsy lawyer can analyze the specifics of your case to determine if you have an appropriate legal claim A lawyer can assist you to file a lawsuit against the medical professional or team that caused the childs injuries He or she can consult with medical experts to establish that the doctors mistake was responsible for the injury suffered by your child These expert witnesses will provide specific evidence regarding the injury its longterm effects and the costs for ongoing treatment Most malpractice lawsuits involving cerebral palsy are settled through settlements rather than a trial which is costly and timeconsuming A lawyer can assist you in deciding which settlement type is the best option for your specific situation A lawsuit could also help increase awareness of this common kind of medical negligence This will help other families avoid similar errors in the future
