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How to Make a Cerebral Palsy Legal Claim Pursuing compensation in a cerebral palsy situation requires a variety of steps The goal is to get financial compensation for your childs pain and suffering as well as the costs your family has incurred in the years since their CP diagnosis The procedure involves the evidence of medical negligence or malpractice was the cause of your childs CP In a free consultation with your lawyer the lawyer will review the specifics of your case before collecting evidence Legal Questions Cerebral Palsy can cause a myriad of cognitive and physical challenges which may require lifelong treatment Medical expenses can be a burden to any family If your childs cerebral paralysis was caused by medical mistakes which could have been avoided it could be entitled to compensation An experienced lawyer who has handled cerebral palsy cases can assist you to determine if your childs condition was caused by medical negligence and if its possible to bring an action The lawyer will go over the details of your childs birth and any pertinent medical records and gather additional evidence such as scans of images testimonials from loved ones and medical experts Once your lawyer has gathered enough evidence hell send a letter of demand to the defendants asking them to compensate both you and your child If the defendants dont accept a settlement they may face a trial where they could be found guilty of malpractice However many lawyers recommend the settlement out of court to cut down on time and avoid the emotional strain of an upcoming trial Settlements can also allow your family to afford treatments sooner If cerebral palsy law firm visalia is necessary and your lawyer is able to ensure the best possible outcome This could include a settlement to your child for past and future income loss as well as pain and suffering and any other damages Statute of limitations Cerebral Palsy may cause permanent and lifealtering disabilities It can affect balance coordination and movement in addition to secondary issues such as secondary musculoskeletal conditions hearing and speech vision and learning It can also impact daily living costs medical expenses daily living costs and special equipment Compensation claims can assist in paying for the initial and ongoing cost of rehabilitation care and assistance A large sum of money can make a significant difference in the quality of life for the family as well as their future plans Its not going alter the circumstances or the events that happened to your kid so it is essential to seek legal advice as soon as you can Every state has its own statute of limitations which defines a timeframe after an event when you can bring a lawsuit The limitations are different however it is best to consult with a lawyer early to ensure that your case doesnt get lost in the process Your Kansas City cerebral palsy lawyer will need to be able to prove when submitting the malpractice claim that the healthcare providers action was not reasonable or normal in their field To find this out the attorney will look at the other healthcare providers who have similar backgrounds and training would have done in similar situations This is referred to as the standard of care Making a Lawsuit Preparation The lifealtering consequences that the diagnosis of cerebral palsy can affect your child can be overwhelming This is especially so when families are trying to cope with the high cost of care If your childs CP is caused by medical malpractice during pregnancy or birth you may be able to receive compensation A top cerebral palsy lawyer will examine the medical records of your child to determine what steps should have been taken by a healthcare professional to prevent injury If it is found that a healthcare professionals error or mistake caused your childs CP our lawyer will prepare all necessary paperwork to start the lawsuit We will also engage medical experts to analyze your childs case After a lawsuit is filed and the defendants are served with the time to respond to your complaint In this time both sides will collect additional information by exchanging formal requests for documents and evidence referred to as interrogatories or depositions Our legal team understands that its hard to concentrate on the health and wellbeing of your child when youre struggling to pay for the rising costs of care We work on an hourly basis which means you only pay for our legal fees if we are able to win you an award in the form of money Filing an action Cerebral palsy is a nonprogressive condition that affects coordination movement balance and posture The treatment for CP could include medication surgeries assistive technology and various other therapies These costs can quickly increase and cause financial stress for families A lawyer who specializes in cerebral palsy could help families obtain lifechanging compensation that can ease the burden by paying medical costs A legal claim can help a family afford an appropriate safe home for their child and ensure they live in a peaceful home and a stable environment Your lawyer will gather evidence to support your lawsuit throughout the filing process These may include images of your child medical records from the mothers pregnancy and delivery and testimony from witnesses who can testify about what happened during the birthing process Your lawyer can also engage an expert in medicine to look over the facts in your case After this review is completed your lawyer will file the lawsuit against the healthcare professionals who are responsible for the birth injury your child sustained The process is typically conducted in the local courthouse Some cases are settled with an agreement of settlement without ever going to trial It is often better to avoid the emotional turmoil that comes with reliving a tragic birth experience and then hearing the testimony of witnesses during trial Settlements also enable families to receive the money they need quicker
