How to File a Cerebral Palsy Lawsuit
If your child suffers from cerebral palsy, you may be legally able to bring a lawsuit against the hospital or doctor who caused it. Each case is unique, but most follow the same procedures. An experienced cerebral palsy attorney will handle every aspect of the process for you.
Your claim is admissible if medical experts establish that the negligence of a doctor or other medical professional, directly triggered the brain injury to your child. Damage awards can be significant.
Damages
Cerebral Palsy is a major issue for families, in particular because it requires medical treatment and care that lasts for a lifetime. The emotional burden CP can cause parents can leave them burned out and financially strapped.
In a cerebral-palsy case, families can be compensated for both economic and other damages. Economic damages may include medical costs and future care costs and lost earnings due to the child’s limitations. Non-economic damages include pain and suffering along with disfigurement, mental distress, and loss in enjoyment of life.
The amount of money awarded in the cerebral palsy lawsuit is contingent on the particular case’s damages however, generally speaking, the average settlement for cerebral palsy law firm palsy nationally is around $5 million. These figures are determined by our birth injury lawyers’ years of experience handling these cases, as well as the results of verdicts and settlements across the country.
If you decide to file a cerebral-palsy lawsuit the lawyer will collect all forms of written evidence to prove that your child’s medical injuries were caused by the doctor and hospital involved in the birth of your child. They will also develop an expert-created Life Care Plan that estimates the future needs of your child.
A reputable lawyer who has nurses on staff will be in a position to listen to your story and determine if the injuries suffered by your child were caused by medical negligence during labor and delivery. Then, they will do the tedious job of gathering evidence and getting witnesses to speak with them. Most medical professionals resolve the matter outside of court. If they don’t the case could go to trial.
Time limit
If you don’t meet the deadline to file a lawsuit, the court can dismiss your case. It is recommended that you consult an attorney who handles birth injuries as soon as you can to know your rights and the deadlines that could apply to your case. The statute of limitations in medical malpractice cases usually is two years. However, if you’re representing a minor victim of medical negligence, then the statute of limitations can be extended until the 20th birthday of the victim.
The legal team you choose will also need time to go through your child’s claim and gather documentation and witness testimonies. This is a crucial element in your child’s medical negligence lawsuit because it determines the amount of compensation you can receive.
You’ll want to work with an attorney who is specialized in cerebral palsy cases. This will ensure they’re acquainted with the intricate issues that arise in this kind of lawsuit. They’ll be able create an argument that maximizes the potential for financial recovery of your child.
Additionally, you should locate an attorney that works on contingency. This means that they won’t get paid until they win your case. This can ease the stress of having to pay for the services of a lawyer and can build trust between you and your legal team. It also ensures your attorney won’t accept your claim if he/she believes thinks you don’t have a good shot at winning.
Locating an attorney
Families with children injured as a result of negligence at the medical level often have to file lawsuits for cerebral palsy. If your child suffers from cerebral palsy and you believe it was due to a mistake by a doctor it is important to contact an attorney as soon as possible. The statute of limitations is a law of the state that defines the time frame you have to take legal action.
You should choose an attorney who is specialized in medical malpractice cases. They have the expertise and resources to take on the hospital and doctors involved in your case. They will also be able review the medical documents of your family, review the medical procedures that were used during childbirth, and determine whether the injuries could have prevented if the people responsible for cerebral palsy lawsuit the birth been more vigilant.
Most cerebral palsy cases can be resolved outside of court by a skilled attorney who can negotiate an acceptable settlement for your family. There are certain limits on compensation that can limit what you can get.
Typically, someone suffering from CP will require regular medical care and therapy. It can be expensive and therefore it is important to get legal advice as soon a possible. A CP lawsuit can assist you in recovering the costs related to taking care of your child and also give you a sense of justice.
Filing a lawsuit
Cerebral palsy is a debilitating condition that can impact every aspect of a child’s existence. The condition can lead to cognitive and physical disabilities, which require ongoing treatment and medical care. A successful legal action can help to help a child with cerebral palsy live a full and happy life.
Many parents who are involved in cerebral palsy lawsuits seek compensation for the medical mistakes made by doctors or other health care providers during pregnancy and birth. This is referred to as medical malpractice. A cerebral palsy lawyer can analyze the specifics of your case to determine if you have an appropriate legal claim.
A lawyer can assist you in bringing lawsuits against a doctor or medical team responsible for the harm to your child. He or she may consult with medical experts to prove that the doctor’s mistake was responsible for your child’s injury. Expert witnesses can provide specific evidence of the injury and its long-term consequences, including the costs associated with the ongoing treatment for your child.
The majority of cerebral palsy lawsuits are settled more than going to trial which can be expensive and time-consuming. A lawyer can help you decide which type of settlement is appropriate for your situation. A lawsuit can also help create awareness about this prevalent type of medical negligence. This will help other families avoid similar mistakes in the future.