How to File a Cerebral Palsy Lawsuit

You may be able to file a lawsuit when your child is suffering from cerebral paralysis. While every case is different however, the majority of cases follow a similar sequence of steps. An experienced lawyer for cerebral palsy will handle all aspects of the process.

Your claim is valid if medical professionals prove that the error of a doctor, or any other medical professional directly caused the brain injury of your child. Damage awards can be substantial.

Damages

Cerebral Palsy is a major issue for families, in particular because it requires medical treatment and care that lasts a lifetime. Additionally, the emotional toll that CP causes parents can cause them to burn out and make them struggle financially.

A cerebral palsy lawsuit can pay families for both economic and non-economic damages caused by the injuries of the child. 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 could include suffering and pain mental anguish, disfigurement and loss of 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 nationally is around $5 million. These figures are basing on our birth injury lawyers' vast experience handling these cases as well as the results of verdicts and settlements across the country.

If you file a cerebral palsy lawsuit the lawyer will collect all types of written documentation to demonstrate that your child's medical injuries were caused by the doctor and hospital involved in your child's birth. They will also develop an expert-designed Life Care Plan that estimates your child's future needs.

A reputable lawyer with nurses on staff will be capable of listening to your story and determine if the injuries suffered by your child were the result of medical negligence during labor and birth. They will then do the tedious work of gathering evidence and getting witnesses to speak with them. Typically, the medical professionals involved will agree to settle outside of court, but if they do not, the case could go to trial.

Time limit

If you do not meet the deadline for filing a lawsuit, the court can dismiss your claim. You should speak with an attorney for birth injuries as soon as you can to learn about your rights and the deadlines that might apply to your case. The time limit for medical malpractice cases typically is two years. If you represent minor victims, the statute of limitation can be extended until their 20th birthday.

The legal team you choose to hire will require time to analyze the case of your child and gather documentation and testimonies. This is a crucial element in your child's medical negligence case because it will determine the amount of compensation you can receive.

It is recommended to hire an attorney who is specialized in cerebral palsy cases. This will ensure they are well-versed in the complicated issues that arise in this type lawsuit. They'll be able make a convincing case that maximizes your child's potential for financial recovery.

It is also recommended to find an attorney that is on contingency. This means that they won't receive a fee unless they win your case. This can help reduce the stress of having pay for a lawyer's services and also helps to build trust between you and your legal team. It also assures that your lawyer will not take your claim if he/she believes they don't believe you have a good shot at winning.

Finding an attorney

Families with children who have been injured by medical negligence often file lawsuits for cerebral palsy. If your child suffers from cerebral palsy and you suspect it was due to a mistake by a doctor, you should contact an attorney as soon as possible. Statutes of limitations in the state, also known as statutes of limitations dictate how long you must initiate legal action in these cases.

You should find an attorney who specializes in medical malpractice cases. They will have the expertise and resources to fight the medical professionals and hospitals in your case. They will also be able examine the medical records of your family members, examine the medical procedures that were utilized during childbirth, and determine if the injuries could have possibly been avoided if those responsible for the birth had been more vigilant.

Most cerebral palsy lawsuits are settled outside of court, and a skilled lawyer can negotiate a settlement that is fair to your family. Be aware of caps on compensation however, which can restrict the amount you receive.

Typically, a person with CP will require ongoing medical treatment and therapy. It can be costly, so it's important to get legal advice as soon as possible. A CP lawsuit will help you recover the expenses of caring for your child, and also provide an awareness of justice.

Filing a lawsuit

Cerebral palsy is a devastating condition that can affect every aspect of a child's life. The condition can lead to physical and cognitive disabilities, which require ongoing treatment and medical care. A successful legal claim can help to assist a child with cerebral palsy live a full and happy life.

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

A lawyer can help you bring a lawsuit against the medical professional or team responsible for the injury your child sustained. He or she will also consult with medical experts to prove the error of your doctor caused your child's injuries. Expert witnesses will present precise evidence of the injury as well as its long-term effects, and the costs related to the child's ongoing treatment.

Most cerebral palsy lawsuits are settled more than going to trial which can be costly and time-consuming. A lawyer can help decide which type of settlement is best for your situation. A lawsuit can help you raise awareness of this common form of medical malpractice. This can help other families avoid similar mistakes in the future.