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How to File a Cerebral Palsy Lawsuit If your child is suffering from cerebral palsy you may be able to file a lawsuit against the hospital or doctor which caused it Every case is different but most follow the same steps An experienced cerebralpalsy lawyer can handle all aspects of the process Your claim is valid when medical experts can demonstrate that a doctors or other medical professionals negligence directly caused your childs brain injury Damage awards can be substantial Damages Cerebral Palsy is a major issue for families particularly because it requires medical treatment and care that can last for a lifetime Additionally the emotional burden CP takes on parents can make them burnt out and make them struggle financially A cerebral palsy suit can compensate families for both economic and noneconomic damages caused by the childs injuries Economic damages include medical bills and future care costs and lost wages due to the childs limitations Noneconomic damages include pain and suffering mental anguish disfigurement and loss of enjoyment of life The amount of money that is awarded in a cerebral palsy lawsuit depends on the particular cases damages but generally speaking the average cerebral palsy settlement in the country is about 5 million These figures are based on the experience of our birth injury lawyers in handling these cases as well as the results from settlements and jury verdicts throughout the country Your attorney will compile all the documentation necessary to prove that the hospital or doctor who delivered your child was responsible for your childs injuries They will also develop an expertcreated Life Care Plan that estimates the future needs of your child A lawyer with registered nurses can listen to your story and determine if your childs injuries are due to medical negligence during the delivery They will then do the difficult task of gathering evidence and contacting witnesses Typically cerebral palsy attorneys west valley city involved will agree to settle outside of court but in the event that they dont the case could be brought to trial Time limit If you fail to meet the deadline to file an action even if the court rejects your claim You should speak with an attorney for birth injuries as soon as possible to know about your rights as well as the deadlines that might apply to your case Generally speaking the statute of limitations for medical malpractice cases is two years However if you are representing a minor victim of medical negligence the statute of limitations may be extended to their 20th birthday The legal team that you choose to hire will require time to look over the case of your child and collect documentation and testimonies This is an essential step in your childs medical negligence lawsuit because it determines the amount of compensation you could be awarded You should work with an attorney who specializes in cerebral paralysis cases This will ensure that theyre aware of the complexities that arise in this type lawsuit Theyll be able to build an argument that is strong and maximizes the financial potential of your child In addition you must seek out an attorney who operates on contingency This means they dont receive a fee unless they win your case This will ease the burden of paying for attorneys services and also build trust between your legal team and you Moreover it also ensures that your lawyer will not accept your claim if they dont believe that you will have a good chance of winning Finding an attorney Families with children who have been who are injured due to negligence by a medical professional often file lawsuits for cerebral palsy If your child has cerebral palsy and you believe it was caused by a doctors mistake it is important to contact a lawyer promptly The statute of limitations is a law of the state that defines the time frame you can pursue legal action Find a lawyer who specializes in medical malpractice They have the knowledge and resources to take on the hospital and doctors involved in your case They will also be able to examine the medical records of your family members examine the medical procedures that were used during childbirth and determine if the injuries could have possibly been avoided had the individuals responsible for the birth had been more attentive Most cerebral palsy cases are resolved out of court and a knowledgeable lawyer can negotiate a settlement that is fair to your family Be aware of compensation caps however which may restrict the amount you receive A person suffering from CP is likely to require regular medical treatment and care This can be expensive and it is essential to seek legal advice as early as you can A CP lawsuit can assist you in recovering the costs related to taking care of your child and provide a sense justice Filing a lawsuit Cerebral Palsy may be a debilitating disease that impacts every aspect of a childs life The condition can cause cognitive and physical disabilities that require continuous treatment therapy and other medical treatment A successful legal action could help raise the funds needed to help a cerebralpalsy child live a healthy happy life Many parents who file cerebral palsy lawsuits seek compensation for the medical errors made by doctors or other health care professionals during pregnancy and birth This is referred to as medical malpractice A cerebral palsy lawyer may analyze your case to determine if you have a valid claim A lawyer can help you bring a lawsuit against the doctor or medical team responsible for the childs injuries The lawyer may consult with medical experts to prove that a error of the doctor was responsible for the injury to your child Expert witnesses will provide precise evidence of the injury its longterm effects and the costs associated with the childs ongoing treatment The majority of cerebral palsy lawsuits are settled much more than going to trial which can be expensive and timeconsuming An attorney can assist you in deciding which settlement type is the best option for your specific situation A lawsuit can help you make people aware of this frequent type of medical malpractice This could aid other families to avoid similar mistakes in the future

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