How to File a Cerebral Palsy Lawsuit
You could be able to file a lawsuit if your child has cerebral paralysis. Every case is different but the majority of cases follow the same procedures. A knowledgeable attorney with experience in cerebral palsy will handle every aspect of the process for you.
Your claim is valid if medical professionals prove that the malpractice of a doctor, or other medical professional, directly triggered the brain injury in your child. Damage awards can be substantial.
Damages
Cerebral Palsy is a major issue for families, especially since it requires medical treatment and care that lasts a lifetime. In addition, the emotional toll that CP affects parents can leave them burned out and leave them struggling financially.
A cerebral palsy lawsuit can compensate families for both economic and non-economic damages resulting from the injuries suffered by the child. Economic damages may include medical costs, future care costs, and lost earnings due to the child's limitations. Non-economic damages include suffering and pain along with disfigurement, mental anxiety, and loss of enjoyment of life.
The amount of money awarded for a cerebral palsy case is determined by the severity of the case. However, the average cerebral palsy settlement is around $5 million. These figures are based on the experience of our birth injury lawyers in handling these cases and the results from settlements and verdicts of juries across the country.
If you decide to file a cerebral-palsy lawsuit, your attorney will gather all types of written documentation to show that your child's medical injuries were caused by the hospital and doctor involved in the birth of your child. They will also create an expert-designed Life Care Plan that estimates the future needs of your child.
A reputable lawyer with nurses who are registered will be able to listen to your story and determine whether the injuries suffered by your child were the result of medical negligence during labor and delivery. Then, they'll perform the tedious task of collecting evidence and getting witnesses to speak with them. Typically the medical experts involved will agree to settle the case outside the courtroom, however if they don't, the case could be brought to trial.
Time limit
If you miss the deadline for filing a lawsuit, the court can dismiss your case. You should consult an attorney for birth injuries in the earliest time possible to learn about your rights and the statutory deadlines that apply in your particular case. The statute of limitations in medical malpractice cases usually is two years. If you represent a minor victim the statute of limitations can be extended until their 20th birthday.
The legal team you choose will also need time to go through your child's case and gather documents and witness testimony. This is a crucial stage in your child's medical negligence case because it determines the amount of compensation you could receive.
You should consult an attorney who specializes in cerebral paralysis cases. This will ensure they are aware of the complexities that arise in this type of lawsuit. They will be able to construct a strong argument which maximizes the potential of your child for financial recovery.
You should also look for an attorney who is on contingency. This means that they won't get paid until you are successful in your case. This helps to reduce the stress of having to pay for a lawyer's services and helps build trust between you and your legal team. This also means that your attorney won't accept your claim if she doesn't think you have a decent chance of winning.
Find a lawyer
Cerebral palsy lawsuits are typically filed by families whose children were injured as a result of medical negligence. If your child has cerebral palsy and you believe it was due to a mistake by a doctor you should speak with an attorney as soon as possible. The statute of limitations is a law of the state that determines the time you can pursue legal action.
Find a lawyer who specializes in medical malpractice. They have the experience and resources to fight the medical staff and hospital in your case. They can also examine the medical records of your family, look into the medical procedures that were used during the birth, and determine whether the injuries could have possibly been prevented had those responsible for the birth had been more vigilant.
Most cerebral palsy cases are resolved outside of court, and a seasoned lawyer can negotiate an acceptable settlement to your family. There are compensation caps that may limit what you can get.
A person suffering from CP is likely to require regular medical care and treatment. It can be costly so it's essential to seek legal advice as soon as you can. A CP lawsuit can help you recover the expenses of taking care of your child and can also give you an understanding of justice.
Filing a lawsuit
Cerebral palsy is a devastating condition that can impact every aspect of a child's life. The condition can result in cognitive and physical disabilities that require continuous treatment therapies, therapy, and other medical care. A successful legal lawsuit could result in the money needed to let a cerebral palsy child lead a healthy, happy life.
Parents who file lawsuits for cerebral palsy often seek 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 to determine if you have a valid legal claim.
A lawyer can assist you in filing lawsuits against a doctor or medical team responsible for the harm to your child. He or she can consult with medical experts to prove the error of the doctor that caused the injury suffered by your child. Expert witnesses will present specific evidence regarding the injury as well as its long-term effects, and the cost that are associated with the child's ongoing care.
cerebral palsy lawyer lakewood are settled rather than going to trial which can be expensive and time-consuming. An attorney can assist you in deciding on the type of settlement that is best for your particular situation. A lawsuit can also assist you to make people aware of this frequent type of medical negligence. This can help prevent similar mistakes from happening again in the future.