How to File a Cerebral Palsy Lawsuit
You may be able to file a lawsuit in the event your child suffers from cerebral paralysis. Every case is different however, the majority follow the same procedures. An experienced cerebral palsy attorney can manage all aspects of the process for you.
Your claim is valid If medical experts can prove that a doctor or other medical professional's mistake directly contributed to the brain injury of your child. Damage awards can be substantial.
Damages
Cerebral palsy can be difficult and devastating issue for families, especially because it usually requires lifelong medical treatments and care. The emotional burden CP can inflict on parents can leave them exhausted and financially struggling.
A cerebral palsy lawsuit could pay families for both economic and non-economic damages resulting from the injuries of the child. Economic damages can include medical costs as well as future costs for care and lost wages due to of the child's limitations. Non-economic losses can include pain and suffering mental anguish, disfigurement, and loss of enjoyment life.
The amount of money awarded for a cerebral palsy case depends on the damages in the case. However, the average cerebral palsy settlement is approximately $5 million. These figures are basing on our birth injury lawyers' vast experience in handling these cases, as well as the results of verdicts and settlements across the country.
If you decide to file a cerebral-palsy lawsuit your attorney will collect all forms of written evidence to demonstrate that your child's medical injuries were caused by the hospital and doctor involved in your child's birth. They will also draft a Life Care Plan, which is an estimate by a specialist of your child's future treatment requirements.
A lawyer with registered nurses will be able to listen to your story and determine if the injuries suffered by your child are the result of medical negligence during the delivery. Then, they will do the difficult task of gathering evidence and getting witnesses to speak with them. Most medical professionals settle out of court. If they do not, the case may go to trial.
Time limit
If you do not meet a deadline to file a lawsuit, the court decides to dismiss your case. You should speak with an attorney for birth injuries as soon as possible to learn about your rights and the deadlines that could apply to your case. The statute of limitations in medical malpractice cases typically is two years. However, if you are representing a minor victim of medical negligence, then the statute of limitations could be extended until the 20th birthday of the victim.
The legal team you hire will also require time to review your child's case and gather witnesses' testimony and documentation. This is an essential step in the medical negligence lawsuit of your child because it determines the amount of compensation that you receive.
You should work with an attorney who is specialized in cerebral palsy cases. This will ensure they are aware of the complexities that arise in this type of lawsuit. They'll be able to construct a strong argument that maximizes the financial recovery potential of your child.
You should also find an attorney that is on contingency. This means they won't be paid unless you succeed in your case. This helps to reduce the stress of having to pay for the services of a lawyer and can build trust between you and your legal team. This also means that your attorney will not accept your claim if he/she believes she doesn't think you have a good shot at winning.
Finding a lawyer
Families with children who have been injured by negligence from a medical professional typically have to file lawsuits for cerebral palsy. If your child has cerebral palsy and you believe it was caused by a medical error it is important to contact an attorney immediately. Statutes of limitations in the state, also known as statutes of limitations determine how long you have to pursue legal action in these cases.
You should find an attorney who specializes in medical malpractice cases. They have the experience and resources to fight the hospital and physicians involved in your case. Additionally they will be able to review your medical records and review the medical procedures that were used during labor and delivery, and determine whether the injuries could have been avoided if those who were responsible for your child's birth were more attentive.
The majority of cases of cerebral palsy are resolved outside of court by a knowledgeable lawyer who can negotiate a fair settlement for your family. There are limits on compensation which could limit the amount you are able to receive.
A person suffering from CP is likely to require continuous medical treatment and support. It can be costly and therefore it is important to seek legal advice as soon as is possible. A CP lawsuit will help you recover the costs of taking care of your child and can also give you the feeling 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 physical and cognitive disabilities which require continuous treatment, therapy, and other medical attention. A successful legal case could result in the money needed to help a cerebral-palsy child lead a full and happy life.
cerebral palsy lawsuit high point who file cerebral-palsy lawsuits 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 may analyze your case to determine whether you have a valid claim.
A lawyer can help you in bringing lawsuits against a doctor or medical team that is responsible for the injuries of your child. The lawyer may consult with medical experts to establish that the error of the doctor was responsible for the injury suffered by your child. Expert witnesses will provide details about the injuries, its long-term effects and the costs for ongoing treatment.
The majority of cerebral palsy malpractice cases settle through settlements instead of a trial, which can be costly and time-consuming. A lawyer can help decide which type of settlement is appropriate for your situation. A lawsuit can help you raise awareness of this common type of medical negligence. This will help avoid similar mistakes from happening again in the future.