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Cerebral Palsy Lawsuit Settlements Settlements in the case of cerebral palsy lawsuits can help families cover the cost of treatment and care for their child A typical family will require upwards of 1 million to cover a lifetimes worth of medical expenses related to cerebral palsy Each case is different however most cerebral palsy lawsuits follow similar steps A lawyer can review your claim during a free consultation Statute of Limitations Cerebral dysplasia is a serious condition that can have a longlasting impact on children and their families Children who have cerebral palsy face many medical costs This can include everything from therapy to specialized equipment In extreme cases children with cerebral palsy might require roundtheclock allhours or parttime assistance Compensation can help pay for the expenses It is important to understand the laws in your state concerning medical malpractice claims There are many states that have laws that limit the time you can bring a claim following an unlawful event If you fail to meet this deadline the court will likely dismiss your claim Although the laws of every state differ in their laws all states allow citizens to pursue personal injury lawsuits including those relating to medical malpractice If you suspect that an individual or a facility has injured your child and caused their CP it is crucial to speak with a reputable cerebral palsy lawyer as fast as you can to ensure that you have enough time to make an action For instance The Kansas statute of limitations in a birth injury case allows two years from the date the mistake occurred Kentucky is one of the states with the most stringent laws when it comes to these kinds of cases and only allows citizens one year to identify the harm Gathering Evidence Physical and occupational therapy is typically needed for patients suffering from cerebral palsy Their parents may have to modify their homes and purchase special equipment like wheelchairs The medical costs can be extremely costly A lawsuit could aid the family in obtaining compensation to pay these bills and improve the childs life A medical malpractice claim is usually determined by whether a doctors actions or decisions were not in line with the standard of care in the circumstances Your attorney will review the records of your childs birth through early childhood pregnancy and the beginning of their lives to determine if CP symptoms could be prevented with better medical care Your attorney will also speak with doctors and other health professionals about your childs treatment as well as CP symptoms They will go through the evidence and prepare for trial This may include getting expert testimony from witnesses in the defense of your claims as well as debunking defense arguments If medical experts confirm that your childs CP was the result of negligence on the part of a doctor Your lawyer will file an administrative complaint in your local court Based on the laws of your state and regulations you may have a limited amount of time to file an action Your attorney will explain these rules to you If you do not file your claim within the statute of limitations your claim will be rejected Case Filing If a medical lapse during pregnancy childbirth or in the initial few weeks after birth led to your child to develop cerebral palsy you could be able to file a suit and seek compensation for damages A successful claim for cerebral palsy settlements could be able to cover the costs of your family including ongoing medical treatment and costs for care An experienced attorney will review your case and determine whether you have a valid claim against the medical professionals who are responsible for the injuries your child sustained Your lawyer will then collect all the relevant documentation to support your claim These could include scans of your childs brain and medical records from both the mother and child accounts from witnesses to your childs birthing process and other evidence Your attorney will file your lawsuit after the initial evidence is collected You will be the plaintiff and the doctor or hospital that caused the injury to your child will be the defendant If the defendant accepts liability your cerebral palsy lawsuit could be resolved in a matter of months If however cerebral palsy attorney surprise or the injuries sustained by your child are serious it could be necessary to go to trial During the trial your lawyer will argue all the evidence to a judge or jury who will then render the verdict that determines the extent of liability and a fair amount of compensation for your childs injuries Trial When your lawyer has all the necessary information they will be able to begin filing your case They will send the defendants a demand letter asking them to pay your family and you for the damages resulting from medical negligence The defendants will be given only a short time to respond usually about 30 days Discovery is the next stage of the legal process Both sides will create documents to prove their side Your attorney will work closely with experts in medicine and witnesses to gather additional evidence to support your case After this stage the court will typically convene pretrial conference meetings to discuss the case and determine whether or not for trial Settlement agreements are often used to resolve medical malpractice cases rather than the jury verdict It is quicker and less expensive for both parties Your lawyer will work diligently to help you reach a fair settlement figure This amount should take into account the cost of your childs future expenses and losses Many families of children suffering from CP are relieved by the fact that their medical staff has been held accountable for their actions This can allow families to rethink their lives and move forward with confidence It can also increase awareness for other families that may be facing similar situations
