How to File a Cerebral Palsy Lawsuit

If your child suffers from cerebral palsy, you may be in a position to file a lawsuit against the hospital or doctor that caused it. Every case is different however, the majority follow the same steps. An experienced cerebral palsy attorney will handle every aspect of the process for you.

Your claim will be considered valid If medical experts can prove that a doctor's or other medical professional's error directly caused your child's brain injury. Damage awards can be substantial.

Damages

Cerebral palsy can be a difficult and devastating issue for families, in particular because it usually requires lifelong medical treatments and care. Additionally the emotional toll CP takes on parents can cause them to burn out and leave them struggling financially.

In a case of cerebral palsy families can be compensated for both economic and other damages. Economic damages may include medical costs as well as future costs for care and lost wages as a result of the child's limitations. Non-economic damages include pain and suffering as well as disfigurement, mental anxiety, and loss of enjoyment of life.

The amount of money that is awarded in a cerebral palsy case is contingent on the damages in each case however, generally speaking the average settlement for cerebral palsy across the nation is around $5 million. These figures are taken from our birth injury lawyers' vast experience handling these cases and the outcomes of verdicts and settlements throughout the nation.

Your attorney will compile all the evidence needed to show that the doctor or hospital that delivered your child triggered your child's injuries. They will also draft an expert-designed Life Care Plan that estimates your child's future needs.

A lawyer who has registered nurses will be able to listen to your story and determine if your child's injuries result from medical negligence during delivery. Then, they'll perform the tedious job of gathering evidence and making contact with witnesses. Typically, the medical experts involved will agree to settle the case outside in court, but if they do not, the case may go to trial.

Time limit

If you fail to meet the deadline to file a lawsuit, the court dismisses your claim. It is recommended that you consult a birth injury attorney as soon as you can to know about your rights as well as the deadlines that could apply to your case. In general, the deadline for medical malpractice cases is two years. If you represent minor victims, the statute of limitation can be extended until their 20th birthday.

The legal team you select will also require time to review your child's case and gather documentation and witness testimonies. This is a crucial stage in your child's medical negligence lawsuit because it will determine the amount of compensation you will receive.

You should work with an attorney who has expertise in cerebral paralysis cases. This will make sure they are aware of the complexities that arise in this type lawsuit. They will be able build an argument that maximizes the financial return of your child.

You should also look for an attorney that works on contingency. This means they won't be paid unless you are successful in your case. This reduces the stress of paying for attorney's services, and also build trust between your legal team and you. It also ensures your attorney won't accept your claim if he/she believes she doesn't think you have a decent chance of winning.

Finding an attorney

Families with children injured by medical negligence often bring lawsuits against doctors for cerebral palsy. If you believe that your child's cerebral paralysis was caused by a mistake made by doctors, you should seek out a lawyer as soon as possible. The statute of limitations is a law of the state that defines the time frame you can take legal action.

Find a lawyer with a specialization in medical malpractice. They have the knowledge and resources to take on the hospital and physicians involved in your case. Additionally they will be able review the medical records of your family, examine the medical procedures used during labor and delivery, and determine if the injuries could have been avoided if those who were responsible for your child's birth had been more attentive.

Most cerebral palsy lawsuits can be settled outside of court, and a knowledgeable lawyer can negotiate an acceptable settlement to your family. There are certain limits on compensation which could limit the amount you can get.

Most often, people with CP will require ongoing medical attention and therapy. This can be expensive and it is vital to seek legal advice as soon as you can. A CP lawsuit will help you recover expenses related to taking care of your child and provide a sense justice.

Filing a lawsuit

Cerebral Palsy may be a devastating disease that affects every aspect of the child's life. The condition can lead to physical and cognitive disabilities, that require continual treatment and medical care. A successful legal claim could provide the funds necessary to let a cerebral palsy child live a full, happy life.

Many parents who file cerebral palsy lawsuits seek compensation for the medical mistakes made by doctors or other health care providers during the birth and pregnancy. Medical malpractice is the term used to describe this. A cerebral palsy attorney can examine your case to determine whether you have a valid claim.

A lawyer can help you in filing lawsuits against a doctor or medical team that is responsible for the injury of your child. The lawyer will also consult with medical experts to establish that the doctor's mistake caused your child's injuries. Expert witnesses will provide a detailed account of the injuries and the long-term consequences including the cost associated with the ongoing treatment your child receives.

Most malpractice lawsuits involving cerebral palsy resolve through settlements rather than trial, which can be costly and time-consuming. A lawyer can assist you determine which settlement is best for your situation. A lawsuit can help you increase awareness of this prevalent type of medical negligence. This will help prevent similar mistakes in the future.