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How to File a Claim for Cerebral Palsy Litigation After being informed of a childs diagnosis parents are often overwhelmed They are concerned about their childs health and how they can afford medical care Parents can get compensation to pay for their childs ongoing treatment and account for loss of income A cerebral palsy lawsuit settlement or trial verdict could help parents pay for these expenses Compensation A diagnosis of cerebral palsy could be devastating for any family A legal action can ease the financial burden of the family and help provide a pathway to care in the future Additionally it can provide families with a sense peace and justice While no amount of money will be able to make up for a problem that is caused by medical malpractice it could help alleviate some of the financial burden and allow your child a happy life In the majority of cases a successful suit will result in a settlement of your childs medical costs as well as other damages that are not economic These may include emotional distress loss of enjoyment of life as well as suffering and pain Your lawyer will be able to tell you the amount your case is worth and will determine the best method for filing it It is crucial to file your lawsuit as soon as you are able to Each state has its own statute of limitations which is the period of time following your childs injury that you are able to bring a civil action Your lawyer can tell you what the statute of limitation is for your state and then explain how it applies to you If you wait to file an action you may not be eligible to receive compensation for medical treatment of your child Statute of limitations Parents are often occupied with scheduling medical appointments providing care and support and rearranging their work schedules after they learn that their child is suffering from cerebral paralysis They may not have the time to study the filing deadlines for their lawsuit This is why its important to reach out to an experienced lawyer as soon as possible A legal team will analyze the case to determine if negligence on the part of a medical professional was responsible for the childs condition They will gather evidence such as the testimony of loved ones and medical experts Once they have the evidence they will file a lawsuit against the medical professionals accountable for the injuries your child sustained You will become the plaintiff in the suit and the doctor or hospital will be named the defendant The amount you are awarded from a cerebralpalsy suit could assist in paying for therapy medical equipment adaptive devices and other costs related to your childs condition It may also cover future earnings lost if your child becomes not able to work or perform work as well as pain and suffering The amount of damages you will receive will depend on a number of factors and your lawyer can help determine the value of your claim In the end the final decision will be made by a judge or jury If the claim of your family is successful and you win you will receive settlement Contingency fee agreement A contingency fee arrangement allows injured victims to get legal representation without needing to pay a retainer or hourly fee upfront Instead attorneys are paid a portion of a jury award or settlement and the injured victim is not responsible in the event of losing Its crucial for the client to know the procedure for contingent fees before hiring a lawyer If youve been injured due to negligence on the part of another you will need the assistance of a cerebral palsy lawyer Cerebral palsy cases can result in large payouts as well as the resulting settlements can cover medical expenses future treatments such as occupational or physical therapy assistive devices and other needs that can be lifechanging A good cerebralpalsy lawyer has the experience of dealing with insurance companies and medical experts to secure the most money you can get In addition to the attorneys contingency fees Additionally you could be responsible for the costs of litigation These expenses typically include deposition fees and filing fees as in addition to the expense to obtain official medical records Depending on the law firm you select the costs could be paid by the attorney and taken from any recovery or they could be included in the contingency fee percentage It is essential to know how the contingency percentage is calculated prior to hiring an attorney In many cases the higher the contingency fee percentage the better Experience Although CP cannot be treated in children however treatment can help them manage their disabilities Children with mild CP for example are able to use assistive equipment to improve their independence and mobility They may also receive therapy for improving motor and speech skills They may also go on regular appointments with specialists such as an pediatric neurologist as well as a developmental pediatrician or an otologist cerebral palsy lawyer tempe with severe CP may suffer from stiff muscles or a head that is loose and limited movement They may require wheelchair assistance and 24 hour surveillance They may not be able to manage their lives independently and may need feeding tubes or suction of their own saliva if theyre unable to swallow They might also experience seizures and may have difficulty with toilets A cerebral palsy suit can assist families in recovering financial compensation for medical expenses and other damages A competent legal team will review your case and determine the value They can also create an outline of your childs future medical costs This information will be used in order to get a fair settlement with the defendants A settlement or verdict is used to resolve cerebral palsy cases A settlement involves the defendants agreeing to pay a lump sum the plaintiff for medical care and other damages A trial verdict is when both sides present their case before a judge or jury
