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Cerebral Palsy Lawsuit Settlements Settlements from cerebral palsy lawsuits could help families pay for the treatment and care of their child. The average family has to pay upwards of $1,000,000 to cover the medical expenses associated with cerebral palsy over the course of. While every cerebral palsy lawsuit is unique however, the majority palsy lawsuits are similar. A lawyer can evaluate your claim during a complimentary consultation. Statute of Limitations Cerebral Palsy is a serious condition that can have a long-lasting impact on children and their families. Children who have cerebral palsy face many medical costs. This could include everything from therapy to specialized equipment. In severe instances, a child diagnosed with cerebral palsy may require 24/7 or part-time treatment. The process of obtaining compensation can help cover these costs. A cerebral palsy suit can be a lengthy legal process, and it is important to be aware of the laws in your state regarding medical malpractice claims. Many states have statutes of limitations that place a time limit on the time you can file a claim after an incident that is illegal occurs. If you miss the deadline the case will be dismissed by the court. Although every state's laws differ slightly, many states allow citizens a few years to claim personal injury for personal injury, including those involving medical negligence. You should contact a lawyer for cerebral palsy when you suspect that a medical expert or a medical facility has caused your child's CP. For cerebral palsy law firm columbia For instance, the Kansas statute of limitations in a birth injury case allows two years from the time the negligence 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 determine the damage. Gathering Evidence Physical and occupational therapy is usually required for those suffering from cerebral palsy. Parents may need to modify their home and buy special equipment, such as wheelchairs. These expenses are often very expensive and a lawsuit could aid the family in obtaining compensation to cover the medical bills and increase the quality of life for their child. A medical malpractice claim is usually dependent on whether a physician's actions or choices fell below the standard of care given the circumstances. Your lawyer will review your child's birth, pregnancy, and early infancy records, as well as other evidence to determine if the CP symptoms could have been avoided with better medical care. Your attorney will also talk to the doctors and other health experts about your child's treatment as well as CP symptoms. They will review all evidence and prepare for trial. This may include gathering testimony from experts to support your claims, and refuting the defense's arguments. If the medical experts believe that your child's CP was the result of negligence at the hands of a medical professional Your lawyer will file an administrative complaint in the local court. Depending on your state's laws you may be given a limited amount of time to make an action. Your lawyer will explain these rules to you. Your claim could be dismissed when you fail to file within the time limit. Case Filing If a medical error during pregnancy, childbirth or right after birth causes your child's cerebral palsy, then you may be eligible to file a lawsuit and pursue compensation for damages. A successful claim for a cerebral-palsy settlement could cover your family's expenses, including ongoing medical treatment and costs for care. An experienced attorney will analyze your case and determine whether you have a valid claim against medical professionals responsible for your child's injuries. Your lawyer will gather every kind of evidence to prove your claim. This can include medical records for both mother and child and witness accounts of the birthing process of your child, as well as other evidence. Once the necessary initial evidence has been gathered, your attorney will formally present your lawsuit to the court. 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 the cerebral palsy lawsuit could be resolved in a matter of months. If the defendants claim they are not responsible or if your child's injuries were severe, you could have to go to trial. During the trial your lawyer will present all of the evidence to a jury or judge who will make a verdict determining the amount of liability and fairness of compensation for your child's injuries. Trial When your attorney has all the information they need they will be able to begin filing your case. They will send the defendants a demand note asking them to compensate you family and you for damages caused by medical negligence. The defendants will be given a limited amount of time to respond, typically within 30 days. Discovery is the next stage of the legal process. Both sides will prepare documents to support their position. Your attorney will work with medical experts and witnesses to gather evidence to support your case. Following this the court will arrange a an initial trial conference to discuss the case. A lot of cases of medical malpractice are resolved by settlement agreements instead of a trial verdict. This is beneficial for both parties since it is cheaper and quicker. Your lawyer will do all they can to help you arrive at a fair settlement amount. The amount you settle for must be adjusted to account for the future costs of your child and losses. Many families of children who have CP are comforted by the fact that their medical staff has been held accountable for their actions. This can help them rethink their lives and move forward with confidence. It could also help to raise awareness of families that are experiencing similar situations.