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Why The Biggest "Myths" Concerning Cerebral Palsy Litigation Might Be True
Cerebral Palsy Lawsuit Settlements

Settlements from cerebral palsy lawsuits can assist families in paying for the treatment and care of their child. The average family needs upwards of $1,000,000 to cover the medical expenses related to cerebral palsy over the course of a lifetime.

Each case is different, however the majority of cerebral palsy lawsuits are based on the same steps. A lawyer can assess your case during a no-cost consultation.

Statute of limitations

Cerebral Palsy may have lasting effects on children, as well as their families. Children with cerebral palsy usually face a large medical bill which range from treatment to specialized equipment to therapy. In the most severe cases, children suffering from cerebral palsy may require around-the-clock 24-hour or part-time treatment. Compensation can help cover the costs.

It is essential to know the laws in your state concerning medical malpractice claims. A lot of states have statutes that limit the time you can file a claim after an illegal event. If you do not file your claim by the deadline, your case will be dismissed by the court.

While every state's laws differ in a small way, most states allow citizens a few years to make personal injury claims for personal injury, including those involving medical malpractice. You should seek out a lawyer who specializes in cerebral palsy whenever you suspect that a medical expert or a medical facility has caused your child's CP.

For instance, the Kansas statute of limitations in the case of a birth injury allows two years from the time the malpractice occurred. Kentucky is among the stricter states when it comes to these kinds of cases and provides citizens with a year to determine the damage.

Gathering Evidence

Physical and occupational therapy is frequently required for those suffering from cerebral palsy. Parents may have to alter their home and buy special equipment such as wheelchairs. These medical expenses can be very expensive. A lawsuit could aid the family to receive compensation to cover these expenses and make a difference in the life of the child.

A medical malpractice case is usually dependent on whether a physician's actions or decisions fell short of the standard of care in the circumstances. Your attorney will scrutinize your child's birth, pregnancy, and early infancy records, as well as other evidence to determine if the CP symptoms could have been prevented with better medical care.

Your attorney will also talk to the doctors and other health care experts about your child's treatment as well as CP symptoms. They will examine the evidence and prepare the case for trial. This may include obtaining expert witness testimony to support your claims, and refuting the defense's arguments.

If medical experts agree that your child's CP was caused by negligence in the medical field, your lawyer will file a civil complaint with your local court. Based on the laws of your state, you may have a limited amount of time to make a claim. Your attorney will explain to you these rules. If you don't file within the statute of limitations your claim will be thrown out.

Case Filing

When a medical mistake during childbirth, pregnancy or shortly after birth results in your child's cerebral palsy, then you may be able to start a lawsuit and seek compensation for the damages. A successful claim for a cerebral-palsy settlement could cover your family's expenses that include ongoing medical treatment and costs for care.

An experienced lawyer will review your case to determine if you have a strong legal claim against the medical professionals accountable for your child's injuries. Your lawyer will then collect all the evidence needed to prove your claim. This could include medical records for both the mother and the child and witness reports of the birthing process of your child, and other evidence. Your attorney will file your lawsuit once the initial evidence is collected. You will become the plaintiff, while the hospital and doctor who caused your child's injuries will become the defendant.

If the defendant accepts responsibility and you have a cerebral palsy case, it might be resolved in a matter of months. If, however, the defendants contest liability or the injuries sustained by your child are serious it could be necessary to go through a trial. During cerebral palsy law firm hammond , your attorney will present evidence before a jury or judge who will decide on liability and the amount of compensation your child must receive.

Trial

Once your lawyer has all the necessary information they can begin filing your case. They will send a demand letter to the defendants, asking them to compensate you and your family members for the losses resulting from the medical negligence. The defendants are given a short time to respond. The typical timeframe is around 30 days.

Discovery is the next step of the legal process. Both sides will prepare documents to prove their side. Your lawyer will collaborate with experts and witnesses to gather additional evidence for your case. After this the court will typically hold pre-trial meetings to discuss the case and determine whether or not it is appropriate to go to trial.


A large number of cases of medical negligence are resolved through settlement agreements instead of the trial verdict. It is quicker and more affordable for both parties. Your lawyer will work hard to help you come up with a fair settlement figure. The amount you settle must be adjusted to account for your child's future expenses and losses.

Many families of children with CP are reassured by the fact that their medical team is accountable for their actions. This can help them envision their lives and move forward with confidence. It could also help to raise awareness of families that are experiencing similar circumstances.

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