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How to File a Cerebral Palsy Lawsuit
If your child has cerebral palsy, you may be able to file a lawsuit against the hospital or doctor which caused it. While each case is unique but most follow a common sequence of steps. A knowledgeable attorney with experience in cerebral palsy can handle all aspects of the process for you.
Your claim is valid if medical experts prove that the negligence of a doctor, or any other medical professional, directly triggered the brain injury of your child. Damage awards can be substantial.
Damages
Cerebral Palsy can be devastating for families, particularly since it requires medical treatment and care that can last for a lifetime. The emotional toll CP can take on parents can leave them feeling exhausted and financially strained.
In a case of cerebral palsy, families can be compensated for both economic and other damages. Economic damages include medical expenses, future care costs, and lost wages due to the child's limitations. Non-economic damages include suffering and pain and disfigurement, mental distress, and loss in enjoyment of life.
The amount of money that is awarded in a cerebral palsy lawsuit depends on the damages in each case, but generally speaking, the average settlement for cerebral palsy nationwide is approximately $5 million. These figures are based upon the experience of our birth injury lawyers in handling these cases and the results from settlements and jury verdicts throughout the country.
When you file a cerebral palsy lawsuit your attorney will collect all kinds of documentation to prove that your child's medical injuries were caused by the hospital and doctor involved in your child's birth. cerebral palsy attorneys west virginia will also prepare a Life Care Plan, which is an expert-created estimate of your child's future treatment requirements.
A reputable lawyer with nurses who are registered will be in a position to listen to your story and determine if the injuries suffered by your child were caused by medical negligence during labor or delivery. Then, they'll perform the tedious job of gathering evidence and contacting witnesses. Typically the medical professionals involved will agree to settle outside of court, but if they don't, then the case may go to trial.
Time limit
If you fail to meet the deadline for filing a lawsuit, the court dismisses your claim. You should consult a birth injury attorney as soon as possible to know your rights and the deadlines that may apply to your case. Generally speaking, the statute of limitations for medical malpractice cases is two years. If you represent a minor victim, the statute of limitation may be extended to their 20th birthday.
The legal team you hire will also require time to examine your child's case and collect documentation and witness testimonies. This is a crucial stage in the medical negligence lawsuit of your child because it determines the amount of compensation you can receive.
You'll need to choose an attorney that specializes in cerebral palsy cases. This will ensure that they are familiar with the complexities involved in this kind of lawsuit. They'll be able to build an argument that is strong and maximizes the financial potential of your child.
In addition, you should choose an attorney who works on contingency. This means they won't be paid until you succeed in your case. This will ease the burden associated with paying for attorney's service, and build trust between your legal team and you. This also means that your attorney will not take your claim if he/she believes she doesn't think you have a good shot at winning.
Find a lawyer
Families with children injured by negligence from a medical professional typically have to file lawsuits for cerebral palsy. If your child is suffering from cerebral palsy and you believe it was caused by a mistake made by a doctor, you should contact an attorney promptly. The statute of limitations is a state law which determines the length of time you are able to pursue legal action.
You should seek out an attorney who specializes in medical malpractice cases. They have the expertise and resources to fight the medical professionals and hospitals in your case. In addition they will be able to review your family's medical records, review the medical procedures that were used during labor and birth, and determine whether the injuries could have been avoided by those responsible for the birth of your child were more vigilant.
Most cerebral palsy cases are settled outside of court by a skilled lawyer who can negotiate an equitable settlement for your family. You should be aware of the caps on compensation however, which could limit the amount you receive.
Typically, someone suffering from CP will require ongoing medical treatment and therapy. This can be costly and it is vital to seek legal advice as soon as you can. A CP lawsuit could help you recover expenses of taking care of your child as well as provide a sense of justice.
Filing a lawsuit
Cerebral Palsy is a debilitating condition that can impact every aspect of a child's existence. The condition can cause cognitive and physical disabilities that require continual medical treatment and therapy. A successful legal action can help to help a child who has cerebral palsy lead a full and happy life.
Many parents who bring cerebral palsy lawsuits are seeking compensation for medical errors made by doctors or other health care professionals during the birth and pregnancy. This is referred to as medical malpractice. A cerebral palsy lawyer will examine the specifics of your case and determine if you have an appropriate legal claim.
A lawyer can assist you bring a lawsuit against the doctor or medical team responsible for the injury your child sustained. They can consult with medical experts to establish that the error of the doctor was responsible for the injury to your child. These expert witnesses can provide precise evidence of the injury and its long-term consequences as well as the expenses associated with your child's ongoing medical treatment.
The majority of lawsuits for malpractice involving cerebral palsy resolve through settlements rather than trial, which can be costly and time-consuming. An attorney can assist you in deciding which settlement type is appropriate for your particular situation. A lawsuit can help to raise awareness about this common type of medical negligence. This will aid other families to avoid similar errors in the future.
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