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Cerebral Palsy Lawsuit Settlements Settlements from cerebral palsy lawsuits could help families pay for the treatment and care of their child The average family will need at least 1000000 to cover all medical costs related to cerebral palsy over the course of the course of Although cerebral palsy attorney richmond is different however the majority palsy lawsuits are similar If you take advantage of a free case analysis an experienced lawyer will determine whether you have a compelling claim Statute of limitations Cerebral Palsy may have an effect on children for years as well as their families Children who have cerebral palsy face numerous medical costs This can include everything from therapy to specialized equipment In the most severe instances a child diagnosed with cerebral palsy may require 247 or even parttime care Compensation can help pay for the costs A cerebral palsy claim can be a lengthy legal process and it is essential to know the laws of your state regarding medical malpractice claims A lot of states have statutes or limitations that place a time limitation on how long you are allowed to file a claim after an incident that is illegal occurs If you dont file by the deadline your case will be dismissed by the court While the laws of each state differ they all allow citizens to pursue personal injury lawsuits including those that relate to medical malpractice If you suspect that a medical professional or facility caused harm to your child and resulted in the development of CP It is vital to contact a skilled cerebral palsy lawyer as fast as possible to ensure you have enough time to file claims For example The Kansas statute of limitations in cases of birth injuries allows two years from the time the negligence occurred Kentucky is one of the states that are more strict when it comes to these kinds of cases It only gives its citizens one year to discover the harm Gathering Evidence Many patients with cerebral palsy require lifelong care including physical and occupational therapy Parents may need to modify their home and purchase special equipment such as wheelchairs These expenses are often very expensive and a lawsuit can aid the family in obtaining compensation to pay the medical bills and increase the quality of life of their child A medical malpractice case is typically based on whether or not the doctors actions or decisions were not in line with the standard of care in the circumstances Your lawyer will review your childs birth pregnancy and early infancy documents and other evidence to determine whether the CP symptoms could have been prevented with better medical care Your attorney will also speak to your childs physicians and other health care providers regarding the treatment your child receives and also the CP symptoms They will go through all evidence and prepare for trial This could include obtaining expert witness testimony to support your claims and debunking the defenses arguments If medical experts believe that the CP in your childs case was caused by medical malpractice and your lawyer files an action with your local court Based on the laws of your state you may have an amount of time to submit an action Your lawyer will explain these rules Your claim could be dismissed when you fail to submit your claim within the time frame Case Filing If a medical lapse during childbirth pregnancy or in the initial few weeks following birth caused your child to develop cerebral palsy you may be able to bring a lawsuit and seek compensation for damages If you win your case the settlement for cerebral palsy could be enough to cover your familys expenses which includes continuing care and treatment A knowledgeable attorney will evaluate your case to determine if you have a legitimate legal claim against the medical professionals responsible for the injuries your child sustained Your lawyer will then collect all the evidence necessary to prove your claim These could include scans of your childs brain and medical records of both the mother and the child accounts from those who witnessed the childs birth and other relevant evidence Your attorney will file your lawsuit once the initial evidence is gathered You will be the plaintiff and the hospital and doctor that caused the injuries suffered by your child will become the defendant Your cerebral palsy case could be resolved within a few months in the event that the defendant accepts liability However if the defendants dispute liability or the injuries sustained by your child are serious you might need to go to trial During the trial your lawyer will present all the evidence before a judge or jury who will then issue a verdict determining liability and a fair amount of compensation for your childs injuries Trial After your lawyer has gathered all the required information the attorney can commence making the case They will send the defendants a demand note asking them to pay your family and yourself for any damages caused by medical negligence The defendants will be given the time to reply usually about 30 days The next step in the legal process is discovery This is when both sides will prepare documents and evidence to prove their side of the truth Your lawyer will work with medical experts and witnesses to gather additional evidence for your case After this phase the court will usually hold pretrial meetings to discuss the case and decide whether or not it is appropriate to go to trial A lot of cases of medical malpractice are resolved by settlement agreements rather than the trial verdict This is beneficial for both parties since it is quicker and less costly Your lawyer will do everything possible to help you arrive at the most reasonable settlement amount This amount will need to be based on your childs longterm expenses and losses Many families with children suffering from CP feel secure knowing that their medical staff was accountable for their actions This can help them envision their lives and move forward with confidence It could also help raise awareness for other families who might be experiencing similar circumstances
