How to File a Cerebral Palsy Lawsuit

You could be able to file a lawsuit if your child has cerebral paralysis. While every case is different however, most follow a standardized set of steps. A skilled cerebral palsy attorney can manage all aspects of the process for you.

Your claim is valid if medical professionals prove that the malpractice of a doctor or any other medical professional directly triggered the brain injury of your child. Damage awards can be significant.

Damages

cerebral palsy law firm palsy is a terrible condition for families, particularly because it usually requires lifelong medical treatment and care. The emotional toll CP can cause parents can cause them to be exhausted and financially struggling.

A cerebral palsy lawsuit could compensate families for both economic and non-economic damages caused by the injuries of the child. Economic damages may include medical costs future costs for care and lost earnings due to the child's limitations. Non-economic damages include pain and suffering mental anguish, disfigurement and loss of enjoyment of life.

The amount of money that is awarded in the cerebral palsy lawsuit is contingent on the particular case's damages however, generally speaking, the average cerebral palsy settlement in the country is about $5 million. These figures are based upon the experience of our birth injury lawyers in handling these cases as well as the outcomes of settlements and verdicts of juries across the country.

If you start 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 hospital and doctor involved in your child's birth. They will also prepare a Life Care Plan, which is an estimate by a specialist of your child's future treatment needs.

A reputable lawyer with nurses on staff will be able to listen to your story and determine if the injuries suffered by your child resulted from 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 be brought to trial.

Time limit

If you fail to meet the deadline for filing a lawsuit, the court could dismiss your case. It is recommended that you consult an attorney who handles birth injuries as quickly as you can know your rights and the deadlines that could apply to your case. The standard statute of limitations for medical malpractice cases is two years. If you represent a minor victim of medical negligence, then the statute of limitations can be extended to their 20th birthday.

The legal team you hire will also need time to go through your child's claim and gather documentation and witness testimonies. This is among the most important elements of your child's medical malpractice case as it determines how you will get.

You should work with an attorney who is specialized in cerebral palsy cases. This will ensure that they're familiar with the complex issues involved in this type of lawsuit. They'll be able to construct an argument that maximizes the financial potential of your child.

You should also seek out an attorney who works on contingency. This means that they don't get paid unless they win your case. This can help reduce the stress of having to pay for the services of a lawyer and can build trust between you and your legal team. It also assures that your lawyer won't accept your claim if he or thinks you don't have a chance of winning.

Finding a lawyer

Cerebral palsy lawsuits are typically filed by families whose children have been injured as a result of medical negligence. If you suspect that your child's cerebral palsy was caused by a mistake by the doctor, consult a lawyer immediately. State laws known as statutes or limitations dictate how long you are required to take legal action in these cases.

You should find an attorney who specializes in medical malpractice cases. They have the expertise and resources to take on the hospital and doctors in your case. They will also be able examine the medical records of your family, look into the medical procedures that were used during childbirth and determine whether the injuries could have possibly been avoided if those responsible for the birth been more vigilant.

Most cerebral palsy lawsuits are resolved out of court and a competent lawyer can negotiate a settlement that is fair to your family. There are compensation caps that may limit what you can get.

A person with CP is likely to require ongoing medical treatment and care. This can be costly, and it is important to seek legal advice as early as possible. A CP lawsuit can help you recover the expenses of taking care of your child and also provide a sense of justice.

Filing a lawsuit

Cerebral palsy is a debilitating condition that can affect every aspect of a child's existence. The condition can lead to physical and cognitive disabilities, that require continual medical treatment and therapy. A successful legal case can help to help a child suffering from cerebral palsy live a healthy and enjoyable life.

Many parents who file cerebral palsy lawsuits seek compensation for medical errors made by doctors or other health professionals during the birth and pregnancy. This is known as medical malpractice. A cerebral palsy lawyer can examine your case to determine if you have an appropriate claim.

A lawyer can help you file a lawsuit against the medical professional or team responsible for your child's injuries. He or she will consult with medical experts to prove that the mistake of the doctor led to your child's injuries. Expert witnesses will give details about the injuries the long-term consequences of the injury and the cost that are associated with the child's ongoing care.

The majority of cerebral palsy lawsuits are settled rather than going to trial, which can be costly and time-consuming. A lawyer can assist in deciding which settlement type is the best option for your specific situation. A lawsuit can also help increase awareness of this common type of medical malpractice. This could help other families avoid similar errors in the future.