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Cerebral Palsy Lawsuit Settlements Cerebral palsy lawsuit settlements could aid families in covering the cost of treatment and care for their child The average family will need around 1 million to cover their lifetime medical expenses relating to cerebral palsy Although each case is unique most cerebral palsy lawsuits have similar steps A lawyer can review your claim in a free consultation Statute of limitations Cerebral Palsy may have a longlasting impact on children and their families Children with cerebral palsy frequently face a large medical bill and can range from treatment to equipment that is specialized to therapy In extreme cases children with cerebral palsy could require roundtheclock or parttime assistance In some cases compensation may help to cover these costs A cerebral palsy suit can be a complicated legal process and it is important to understand your states laws regarding medical malpractice claims There are many states that have laws that restrict the time that you can bring a claim following an illegal event If you do not file your claim by the deadline the case will be dismissed by the court While the laws of each state may differ slightly they all allow citizens to bring personal injury lawsuits including those relating to medical malpractice You should consult a lawyer who specializes in cerebral palsy whenever you suspect that a medical expert or a medical facility has caused your childs CP For instance The Kansas statute of limitations in cases of birth injuries allows two years from the date the malpractice occurred Kentucky is one stricter state when it comes to this type of case and only permits citizens to identify the injury within a year Gathering Evidence Many victims of cerebral palsy need lifelong care including physical and occupational therapy Parents may need to modify their home and acquire special equipment such as wheelchairs These costs can be expensive and a lawsuit may help the family receive the compensation needed to cover these medical bills and improve the quality of life of their child A medical malpractice lawsuit is typically determined by whether a doctors actions or decisions were not in line with the standards of care required under the circumstances Your attorney will examine your childs birth pregnancy and early infancy records and other evidence to determine if the CP symptoms could have been prevented by better medical treatment Your lawyer will also talk to doctors and other health care professionals regarding your childs treatment as well as CP symptoms They will examine the evidence and prepare the case for trial This could include obtaining expert witness testimony in support of your claims and debunking defense arguments If the medical experts are of the opinion that your childs CP was caused by negligence on the part of a doctor your lawyer will file an administrative complaint in your local court You may be granted a limited amount of time depending on the laws of your state and the court you bring a lawsuit Your lawyer will explain these rules Your claim is dismissed when you fail to file your claim within the deadline Case Filing If a medical mishap during childbirth pregnancy or in the initial few weeks after birth led to your child to develop cerebral palsy you could be able to make a claim and seek compensation for damages If youre successful with your case the settlement for cerebral palsy may be enough to cover your familys expenses which includes continuing care and treatment An experienced attorney will review your case to determine if you have a valid legal claim against the medical professionals responsible for your childs injuries Your lawyer will then gather all evidence to support your case This can include medical records for both the mother and the child witness accounts of the birthing process of your child and other relevant proof Once the initial evidence is collected then your attorney will file your lawsuit in court You will be named the plaintiff and the hospital and doctor that caused the injuries to your child will be the defendant If the defendant accepts responsibility and you have a cerebral palsy case it might be resolved in a matter of months If the defendants disagree on liability or your childs injuries are severe you might need to go to trial During the trial your lawyer will argue all the evidence in your case to a jury or judge who will then render an award determining the amount of liability and fairness of compensation for the loss of your child Trial Once your attorney has all the information they need and is ready to file your case cerebral palsy attorney naperville will send the defendants a demand note asking them to compensate your family and you for the damages resulting from medical negligence The defendants will have the time to respond usually within 30 days The next stage of the legal procedure is discovery This is the time when both sides prepare documents and evidence to support their side of the story Your attorney will work closely with medical experts and witnesses to gather additional evidence to support your case After this the court will typically convene pretrial conference meetings to discuss the case and decide whether or not it is appropriate for trial Many cases of medical malpractice are settled through settlement agreements rather than the trial verdict This is a better option for both parties since its more efficient and less expensive Your lawyer will work diligently to help you come up with an acceptable settlement amount This amount will need to take into account your childs expenses over the long term as well as losses Many families of children suffering from CP are comforted by the fact that their medical team has been held accountable for their actions This can help them envision their lives and move forward with confidence It can also help raise awareness of other families who are in similar circumstances
