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Cerebral Palsy Lawsuit Settlements Cerebral palsy lawsuit settlements can help families pay for the cost of treatment and care for their child The average family will need upwards of 1 million to cover a lifetimes worth of medical expenses related to cerebral palsy While every case is unique However the majority of cerebral palsy lawsuits follow the same steps A lawyer can review your case during a nocost consultation Statute of Limitations Cerebral Palsy may have lasting effects on children and their families Children who have cerebral palsy typically suffer from a wide range of medical expenses and can range from treatment to specialized equipment to therapy In cerebral palsy attorneys nampa children with cerebral palsy may require continuous or even parttime care Compensation can help pay for these expenses A cerebral palsy suit can be a lengthy legal process and it is important to be aware of your states laws regarding medical malpractice claims There are many states with statutes of limitations that place a restriction on how long you can file a claim after an illegal event occurs If you dont file by the deadline your case will be dismissed by the court While each states laws vary slightly most allow citizens to have a few years to claim personal injury including those related to medical negligence If you suspect that the medical professional or facility has injured your child and resulted in the development of CP It is vital to speak with a reputable cerebral palsy lawyer as quickly as you can in order to ensure that you have enough time to make a claim For example the Kansas statute of limitations in a birth injury case allows two years from when the malpractice occurred Kentucky is one of the more strict states when it comes to such cases and only gives its citizens one year to find out what caused the harm Gathering Evidence Many victims of cerebral palsy require ongoing care which includes occupational and physical therapy Parents might have modify their homes or purchase special equipment like wheelchairs These medical expenses could be quite costly A lawsuit could help the family get compensation to cover these expenses and make a difference in the life of the child A medical malpractice case is usually dependent on whether a physicians actions or decisions fell short of the standard of care in the circumstances Your attorney will look over your childs birth pregnancy and early infancy records as well as other evidence to determine whether the CP symptoms could have been avoided with better medical treatment Your lawyer will also speak with doctors and other health professionals about your childs treatment as well as CP symptoms They will review the evidence and prepare the case for trial This could include obtaining expert testimony to support of your arguments and contesting defense arguments If medical experts agree that the CP in your child was caused by medical negligence the lawyer will file an action in your local court You may only have a specific amount of time based on the laws in your state to make a claim Your attorney will explain to you these rules Your claim will be deemed to be unfounded in the event that you fail to file within the time limit Case Filing If a medical lapse during childbirth pregnancy or in the first few weeks after birth caused your child to develop cerebral paralysis you may be eligible to file a suit and seek compensation for the damages If youre successful in your claim the settlement for cerebral palsy may pay for all of your familys costs as well as the ongoing treatment and care An experienced lawyer will evaluate your case and determine whether you have a valid claim against the medical professionals responsible for your childs injuries Your lawyer will then collect all the evidence necessary to prove your claim This could include images medical records from both the mother and the child reports from those who witnessed the birth of your child and other evidence Once the initial evidence has been collected your attorney will formally file your lawsuit in court You will be named the plaintiff and the hospital and doctor that caused your childs injuries will become the defendant If the defendant accepts responsibility your cerebral palsy lawsuit could be resolved in a matter of months If the defendants deny liability or if your childs injuries were serious you might have to go to trial During the trial your lawyer will present all evidence before a judge or jury who will then render a verdict determining liability and a fair amount of compensation for your childs losses Trial When your lawyer has all the relevant information they can begin filing your case They will send the defendants a demand letter asking them to compensate you family and you for damages caused by medical negligence The defendants have a limited time to respond In most cases this is about 30 days Discovery is the next phase of the legal process Both sides will draft documents to show their side Your attorney will work closely with medical experts and witnesses to gather additional evidence to support your case After this the court will typically organize pretrial conferences to discuss the case and decide whether or not it is appropriate to proceed to trial A large number of cases of medical negligence are resolved through settlement agreements instead of the trial verdict Settlement agreements are quicker and more affordable for both parties Your lawyer will do their best to help you come up with a fair settlement figure The amount you settle must be based on your childs future expenses and losses Many families with children who suffer from CP feel secure knowing that their medical personnel was held accountable for their actions This can help families rethink themselves and move forward with confidence It also helps raise awareness of families that are experiencing similar situations
