How to File a Cerebral Palsy Lawsuit

You might be able to file an action in the event that your child suffers from cerebral paralysis. Every case is different however, the majority follow the same process. A skilled lawyer with experience in cerebral palsy can take care of every aspect of the procedure.

Your claim is valid if medical professionals prove that the error 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 extremely devastating for families, especially since it requires medical treatment and care that can last for a lifetime. The emotional toll CP can take on parents can leave them burned out and financially strapped.

A cerebral palsy suit can compensate families for both economic as well as non-economic damage caused by the injuries suffered by the child. Economic damages include medical expenses, future care costs, and lost wages due to the child's limitations. Non-economic damages include suffering and pain as well as disfigurement, mental anxiety, and loss of enjoyment of life.

The amount of money that is awarded in the cerebral palsy lawsuit is contingent on the specific case's damages but generally speaking, the average cerebral palsy settlement nationwide is approximately $5 million. These figures are taken from our birth injury lawyers' vast experience handling these cases, as well as the results of verdicts and settlements across the country.

Your attorney will gather all the evidence needed to establish that the hospital or doctor who gave your child the treatment caused the injuries to your child. They will also create a Life Care Plan, which is a professional-created estimate of your child's future treatment needs.

A reputable lawyer who has nurses on staff will be competent to listen to your story and determine if the injuries suffered by your child were caused by medical negligence during labor or delivery. They'll then take on the tedious work of collecting evidence and calling witnesses. Typically the medical professionals involved will agree to settle outside of court, but in the event that they don't, the case could be brought to trial.

Time limit

If you don't meet the deadline to file a lawsuit, the court may dismiss your case. It is recommended to consult an attorney for birth injuries as soon as you can to know about your rights as well as the deadlines that might apply to your case. The statute of limitations for medical malpractice cases typically is two years. If you represent a minor victim of medical negligence, the statute of limitations can be extended to the 20th birthday of the victim.

The legal team that you hire will need time to examine the case of your child, and gather the evidence and documentation. This is an essential step in the medical negligence lawsuit filed by your child because it will determine the amount of compensation you can get.

It is recommended to hire an attorney who specializes in cerebral palsy cases. This will ensure they are well-versed in the complicated issues that arise in this type of lawsuit. They will be able to construct a strong argument that maximizes your child's chance for cerebral palsy lawsuits financial recovery.

In addition, you should seek out an attorney who operates on contingency. This means that they won't get paid until you win your case. This can ease the pressure of having to pay for the services of a lawyer and can build trust between you and your legal team. Furthermore, it guarantees that your lawyer will not accept your case if they do not believe that you will have a high chance of winning.

Finding an attorney

Children who are injured as a result of negligence at the medical level often bring lawsuits against doctors for cerebral palsy. If you suspect that your child's cerebral palsy caused by a mistake by doctors, you should consult a lawyer immediately. The statute of limitations is a law of the state which determines the length of time you have to take legal action.

Find a lawyer who specializes in medical malpractice. They have the knowledge and resources to fight the hospital and doctors in your case. They will also be able examine the medical records of your family members, examine the medical procedures that were used during the birth, and determine if the injuries could have been prevented had those who were responsible for the birth had been more vigilant.

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

A person suffering from CP is likely to require regular medical treatment and care. It can be expensive so it's essential to get legal advice as soon as is possible. A CP lawsuit will aid in recovering the costs associated with caring for your child and provide a sense justice.

Filing a lawsuit

Cerebral palsy is a debilitating condition that can affect every aspect of a child's existence. It can cause cognitive and physical disabilities that require continual treatment, therapy, and other medical treatments. A successful legal case could help to assist a child with cerebral palsy live a full and fulfilling life.

Many parents who file cerebral palsy lawsuits seek compensation for the medical errors made by doctors or other health professionals during pregnancy and birth. This is known as medical malpractice. A cerebral palsy lawyer will examine your case to determine if you have an appropriate claim.

A lawyer can assist you in bringing a lawsuit against a doctor or medical team responsible for the harm to your child. They will also consult with medical experts to prove that the error of the doctor caused your child's injuries. Expert witnesses will give specific evidence regarding the injury along with its long-term impact and the costs for ongoing care.

Most cerebral palsy lawsuits settle rather than going to trial, which can be expensive and time-consuming. A lawyer can help you in deciding what settlement is appropriate for your particular situation. A lawsuit can also help you raise awareness about this common kind of medical malpractice. This can help avoid similar mistakes in the future.