Cerebral Palsy Lawsuit Settlements Settlements from lawsuits involving cerebral palsy can help families pay for the treatment and care of their child. The average family has to pay at least $1,000,000 to cover all medical expenses associated with cerebral palsy over the course of the course of. Although every case is unique The majority of cerebral palsy lawsuits have similar steps. A lawyer can review your case during a no-cost consultation. Statute of limitations Cerebral palsy can have lasting effects on children, as well as their families. Children with cerebral palsy often face a large medical bill that range from treatment to specialized equipment to therapy. In the most severe instances, a child diagnosed with cerebral palsy might require around-the-clock or part-time care. Compensation can help with the expenses. A cerebral palsy lawsuit can be a lengthy legal process, and it is important to know the laws of your state regarding medical malpractice claims. A lot of states have statutes or limitations that place a restriction on how long you can file a lawsuit after an incident that is illegal occurs. If you miss the deadline and file a claim, it will be dismissed by the court. While the laws of each state may differ slightly, they all allow citizens to pursue personal injury lawsuits including those relating to medical malpractice. You should seek out a cerebral palsy lawyer immediately if you suspect a medical professional or a facility caused your child's CP. For example For instance, the Kansas statute of limitations in a birth injury case allows two years from the date the negligence occurred. Kentucky is one of the states that is more strict when it comes to this kind of case. It only permits citizens to identify the harm within one year. Gathering Evidence Many victims of cerebral palsy require care for the rest of their lives including occupational and physical therapy. Their parents may have to alter their homes or purchase special equipment, like wheelchairs. These expenses are often very expensive and a lawsuit could help the family get the compensation needed to cover the medical bills and enhance the quality of life of their child. A medical malpractice case typically based on whether or not the doctor's actions and decisions fell below the standard treatment under the circumstances. Your attorney will review the records of your child's birth as well as the time of pregnancy and early childhood to determine if CP symptoms could have been prevented by more effective medical care. Your lawyer will also talk to your child's physicians as well as other health care professionals regarding your child's treatment and also the CP symptoms. They will evaluate the evidence and prepare the case for trial. This could include gathering testimony from experts to support your claims, and refuting the defense's arguments. If the medical experts are of the opinion that your child's CP was caused by medical negligence and your lawyer files an administrative complaint in your local court. You could only have a limited amount of time, contingent on the laws of your state to make a claim. Your attorney will explain to you these rules. Your claim could be dismissed when you fail to submit your claim within the time frame. Case Filing When a medical mistake during pregnancy, childbirth or immediately after birth causes your child's cerebral palsy, you might be able to file a lawsuit and pursue compensation for damages. A successful claim for a cerebral palsy settlement can help your family pay for expenses which include the ongoing costs of treatment and care. An experienced attorney can review your case to determine if you have a solid legal claim against the medical professionals who are responsible for your child's injuries. Your lawyer will gather all types of documentation to prove your claim. This could include medical records for both the mother and the child and witness reports of the birth of your child, as well as other relevant proof. Your lawyer will file your lawsuit after the initial evidence is gathered. You will be named the plaintiff, while the doctor and hospital that caused your child's injuries will become the defendant. If the defendant accepts liability and you have a cerebral palsy case, it might be settled in a matter months. If the defendants deny liability or if the injuries suffered by your child were serious, you might be required to go to court. During the trial your lawyer will present all of the evidence before a judge or jury who will make an opinion on the extent of liability and a fair amount of compensation for your child's injuries. Trial Once your lawyer has all the necessary information and is ready to file your case. They will send the defendants a demand letter asking them to compensate you family and you for injuries resulting from medical negligence. The defendants have a specific time to respond. The typical timeframe is approximately 30 days. The next stage of the legal process is discovery. It is when both sides will create documents and evidence to support their side of the truth. Your lawyer will work closely with experts and witnesses to gather additional evidence to support your case. After this stage the court will typically organize pre-trial conferences to discuss the case and determine if it is ready for trial. A lot of cases of medical malpractice are resolved by settlement agreements, rather than the trial verdict. It is faster and less expensive for both parties. Your lawyer will do everything to assist you in reaching an acceptable settlement amount. This amount will need to include the long-term costs of your child as well as losses. Many families of children who have CP are reassured by the fact that their medical team has been held accountable for their actions. This can help families rethink themselves and move forward in confidence. It could also help to raise awareness of other families who are in similar situations.