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How to Make a Cerebral Palsy Legal Claim Finding compensation in a brain paralysis case involves a series of steps cerebral palsy law firm miramar is to get an amount of money to compensate your childs suffering and pain as well as for the expenses your family has endured during the time since their CP diagnosis The process involves the proof that medical negligence or malpractice led to your childs CP Your lawyer will go over the details of your case during a nocost review of your case and then begin collecting evidence Legal Issues Cerebral palsy can cause a wide range of physical and cognitive issues and can lead to lifelong care requirements Medical expenses can be a major burden on any family Fortunately if your childs cerebral palsy was caused by a medical error that was preventable You may be eligible for compensation A lawyer who is experienced in handling cerebral palsy cases can assist you to determine if your childs condition was the result of medical negligence and if it is possible to bring a lawsuit The lawyer will go over the medical records of your child as well as birth information and collect any additional evidence such as imaging scans and testimonies of loved ones or medical professionals After the lawyer has gathered sufficient evidence they will send a demand letter to the defendants in your case requesting for a payment from you and your child for their negligence If the defendants dont agree to a settlement they may face a trial where they might be found guilty of malpractice Many lawyers suggest that you settle out of court to cut down on time and eliminate the stress of an upcoming trial A settlement may also allow your family to pay for the treatment earlier If a trial is needed your lawyer can fight for the best possible outcome This could include a settlement for your childs past and future loss of income their pain and suffering and any other damages Statute of Limitations Cerebral palsy is a condition that can cause permanent and lifealtering disabilities It can impact coordination and movement as well as secondary issues such as secondary musculoskeletal problems as well as hearing and speech problems vision learning and behaviour It can also affect daily living costs medical expenses as well as the need for special equipment Compensation claims can be used to help pay for the initial and ongoing cost of rehabilitation care and assistance A large award can help significantly to the quality of life for your family and the future plans But it wont resolve the issues or change the circumstances that affected your child thats why it is essential to seek legal advice as soon as you can Every state has a statute of limitations that defines a timeframe following an event during which you can make a claim The limitations are different but its always best to consult a lawyer early on so that your case does not lose its way in the course of litigation Your Kansas City cerebral palsy lawyer will need to prove when filing an malpractice case that the healthcare providers actions fell below what is considered normal or reasonable in their profession To find out this the lawyer will examine the other healthcare providers who have similar training and backgrounds would have done under similar circumstances This is referred to as the standard of care Preparing a Lawsuit When your child is diagnosed with cerebral palsy or other neurological disorder the lifealtering effects of this condition can be overwhelming This is especially for families who have to deal with the astronomical costs of care If your childs CP is the result of medical malpractice either during pregnancy or at birth it is possible to seek compensation A top cerebral palsy lawyer will investigate the medical records of your child to determine what actions should be taken by a healthcare professional to prevent injury Our lawyer will prepare the necessary paperwork required to file a lawsuit if it is found that a lapse or error by medical professionals caused your childs CP We will also hire medical experts to analyze your childs case Once a lawsuit is filed the defendants will have an agreedupon time to respond to your complaint During this time both parties will exchange formal requests for evidence or documents called interrogatories and depositions Our legal team is aware that it is difficult to focus on your childs health and wellbeing when youre struggling to pay the mounting costs of medical care Thats why we work on a contingency basis meaning you only pay our firm for legal costs when we are awarded an award of financial value for you Filing an action Cerebral Palsy is not progressive and can affect posture as well as balance movement coordination and balance Treatment for CP may include medication surgery assistive technologies and other treatments These expenses can add quickly creating enormous financial stress for families A lawyer who specializes in cerebral palsy could help families obtain lifechanging compensation that can ease this stress by covering medical expenses A legal claim can allow a family to afford a safe stable home for their child and give them a comfortable stable environment When filing a lawsuit your attorney will collect evidence to support your case These may include images of your child and medical records of the mothers pregnancy and delivery and the accounts of witnesses who can provide testimony about the birthing process Your lawyer will also engage an expert in medical to analyze the facts of your case Once this review is complete your lawyer will file the lawsuit against the healthcare providers who are responsible for your childs birth injury The process is typically conducted in a local courthouse Some cases are settled with an agreement of settlement which does not require the need to go to trial This is often more preferable than the emotional stress of reliving the traumatizing birth experience and listening to the testimony of witnesses at trial Settlements allow families to get to receive the money they require earlier