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How to File a Cerebral Palsy Lawsuit If your child has cerebral palsy you may be legally able to bring a lawsuit against the doctor or hospital that caused it Each case is unique however the majority follow the same process An experienced cerebralpalsy lawyer can take care of every aspect of the process Your claim is valid if medical experts can prove that the error of a doctor or other medical professional directly caused the brain injury suffered by your child Damage awards can be substantial Damages Cerebral Palsy is a major issue for families particularly since it requires medical treatment and care that lasts for a lifetime Additionally the emotional toll that CP affects parents can leave them burned out and leave them struggling financially A cerebral palsy lawsuit can compensate families for both economic and noneconomic damages caused by the injuries sustained by the child Economic damages may include medical costs future care expenses as well as lost wages as a result of the childs limitations Noneconomic damages include suffering and pain as well as disfigurement mental distress and loss in enjoyment of life The amount of money awarded in the cerebral palsy lawsuit is contingent on the particular cases damages however generally speaking the average cerebral palsy settlement in the country is about 5 million These figures are taken from our birth injury lawyers vast experience in handling these cases and the results of verdicts and settlements across the country If you decide to file a cerebralpalsy lawsuit your attorney will collect all forms of written evidence to demonstrate that your childs medical injuries were caused by the hospital and doctor involved in the birth of your child They will also prepare an expertcreated Life Care Plan that estimates the future needs of your child A lawyer who has registered nurses can listen to your story and determine if the injuries suffered by your child are due to medical negligence during delivery They will then do the tedious work of collecting evidence and contacting witnesses Most medical professionals will settle out of court If they dont the case could be heard in court Time limit If you do not meet the deadline for filing a lawsuit the court may dismiss your claim You must speak to a birth injury lawyer as soon as you can to understand your rights and the statutory deadlines that apply in your case Generally the time limit for medical malpractice cases is two years If youre representing a minor victim of medical negligence then the statute of limitations could be extended until the 20th birthday of the victim The legal team you hire will also need time to review your childs case and collect witnesses testimony and documentation This is a crucial stage in your childs medical negligence case because it determines the amount of compensation you could receive You should choose an attorney that specializes in cerebral paralysis cases This will ensure they are familiar with the complex issues that arise in this type lawsuit Theyll be able to construct an argument that is strong and maximizes the financial potential of your child In addition you should locate an attorney that works on contingency cerebral palsy attorneys arvada wont be paid unless you succeed in your case This can help reduce the pressure of having to pay for a lawyers services and also helps to build trust between you and your legal team It also ensures your attorney will not take your claim if he or thinks you dont have a decent chance of winning Finding a lawyer Cerebral palsy cases are often filed by families whose children were injured due to medical negligence If you suspect that your childs cerebral ailment was caused by a mistake made by medical professionals you must seek out a lawyer as soon as possible State laws known as statutes or limitations determine how long you have to initiate legal action in these cases Find a lawyer who specializes in medical malpractice They will have the experience and resources to take on the hospital and physicians involved in your case Additionally they can review your medical records and review the medical procedures that were used during labor and delivery and determine if the injuries could have been avoided in the event that those responsible for the birth of your child were more attentive Most cerebral palsy lawsuits can be resolved out of court and a competent lawyer can negotiate a settlement that is fair to your family Be aware of the caps on compensation however which could limit the amount you can receive A person suffering from CP is likely to require regular medical care and treatment It can be expensive so its crucial to seek legal advice as soon as is possible A CP lawsuit could help you recover costs of caring for your child as well as provide the feeling of justice Filing a lawsuit Cerebral Palsy is a debilitating condition that can impact every aspect of a childs existence The condition can cause cognitive and physical disabilities which require ongoing therapy and medical care A successful legal claim can provide the funds needed to help a child with cerebral palsy live a full and enjoyable life Many parents who bring cerebral palsy lawsuits are seeking compensation for medical errors made by doctors or other health professionals during the birth and pregnancy Medical malpractice is the term used to describe this A cerebral palsy attorney can look over your case and determine whether you have an appropriate claim A lawyer can help you make a claim against the doctor or medical team that caused your childs injury He or she may consult medical experts to prove the mistake of the doctor caused the injury to your child Expert witnesses will provide a detailed account of the injuries and the longterm consequences as well as the expenses associated with the ongoing treatment for your child Most cerebral palsy lawsuits settle rather than going to trial which can be expensive and timeconsuming A lawyer can assist you decide which type of settlement is appropriate for your particular situation A lawsuit can help to raise awareness about this common form of medical negligence This can aid other families to avoid similar errors in the future
