How to File a Cerebral Palsy Lawsuit
You may be able file an action in the event that your child suffers from cerebral paralysis. Although every case is different however, the majority of cases follow a similar set of steps. An experienced cerebral palsy attorney can handle all aspects of the process for you.
Your claim is valid if medical experts can prove that a doctor or other medical professional’s malpractice directly contributed to your child’s brain injury. Damage awards can be substantial.
Damages
Cerebral palsy can be a terrible condition for families, in particular because it is often a lifelong medical treatment and care. The emotional burden CP can take on parents can leave them burned out and financially strained.
A cerebral palsy lawsuit can compensate families for both economic and non-economic damages caused by the injuries suffered by the child. Economic damages include medical bills and future care costs and lost wages due to the child’s limitations. Non-economic damages could include suffering and pain, disfigurement, mental anguish and loss of enjoyment life.
The amount of money that is awarded in a cerebral-palsy case depends on the damages in the case. However, the average cerebral Palsy settlement is about $5 million. These figures are taken from our birth injury lawyers’ extensive experience in handling these cases as well as the results of verdicts and settlements across the nation.
Your attorney will collect all the documentation necessary to demonstrate that the doctor or hospital who gave your child the treatment caused the injuries to your child. They will also prepare a Life Care Plan, which is a professional-created estimate of your child’s treatment requirements.
A reputable lawyer who has nurses who are registered will be capable of listening to your story and determine if the injuries suffered by your child were the result of medical negligence during labor and delivery. They will then do the time-consuming work of collecting evidence and contacting witnesses. Typically, the medical experts involved will agree to settle outside the courtroom, however if they do not, the case could be brought to trial.
Time limit
If you miss the deadline to file a lawsuit, the court can dismiss your case. You should speak to an attorney who handles birth injuries as soon as possible to learn about your rights and the statutory deadlines that apply in your case. Generally speaking, the time limit for medical malpractice cases is two years. However, if you’re representing a minor victim of medical negligence, then the statute of limitation could be extended until the 20th birthday of the victim.
The legal team you select will also require time to review your child’s case and collect evidence and witness testimony. This is a crucial step in the medical negligence lawsuit of your child because it will determine the amount of compensation you will be awarded.
You should consult an attorney who has expertise in cerebral paralysis cases. This will ensure that they’re experienced with the complicated 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 choose an attorney who works on contingency. This means that they won’t get paid until they win your case. This reduces the stress associated with paying for an attorney’s services and help build trust between your legal team and your. It also assures that your lawyer will not take your claim if he/she believes does not believe you have a decent chance of winning.
Find a lawyer
Cerebral palsy cases are often filed by families whose children were injured as a result of medical negligence. If your child suffers from cerebral palsy and you believe it was caused by a doctor’s mistake it is important to contact a lawyer as soon as you can. The statute of limitations is a state law that dictates how long you can take legal action.
Find a lawyer with a specialization in medical malpractice. They have the experience and resources to take on the hospital and doctors involved in your case. They will also be able to examine the medical records of your family members, review the medical procedures that were used during childbirth and determine whether the injuries could have possibly been prevented had those responsible for the birth were more vigilant.
Most cerebral palsy lawyers palsy cases can be resolved outside of court by a skilled attorney who can negotiate an acceptable settlement for your family. Be aware of caps on compensation however, which can limit the amount you can receive.
Most often, people with CP will require ongoing medical care and therapy. This can be costly and it is vital to seek legal advice as early as you can. A CP lawsuit can help you recover expenses of caring for your child, and also provide an awareness of justice.
Filing a lawsuit
cerebral palsy attorneys Palsy is a debilitating condition that can impact every aspect of a child’s life. The condition can cause cognitive and physical disabilities which require continuous therapy and medical attention. A successful legal case could provide the funds needed to help a child with cerebral palsy live a healthy and happy life.
Parents who file lawsuits for cerebral palsy often seek to recover compensation for medical mistakes made during pregnancy or at birth by doctors or other health care providers. This is known as medical malpractice. A cerebral palsy lawyer can review the details of your case and determine if you have an appropriate legal claim.
A lawyer can assist you file a lawsuit against the doctor or medical team responsible for the injury your child sustained. They will also consult with medical experts to prove the mistake of the doctor led to your child’s injuries. These expert witnesses will provide specific evidence regarding the injury along with its long-term impact and the cost associated with the child’s ongoing care.
Most cerebral palsy lawsuits settle rather than going to trial which can be expensive and time-consuming. A lawyer can assist in deciding on the type of settlement that is best for your particular situation. A lawsuit can also help raise awareness about this common kind of medical malpractice. This could help other families avoid similar errors in the future.