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Cerebral Palsy Lawsuit Settlements Settlements from cerebral palsy lawsuits can help families pay for the treatment and care of their child. The average family will need up to $1 million in order to cover the lifetime medical expenses associated with cerebral palsy. Each case is different, however, most cerebral palsy lawsuits follow the same steps. A lawyer can review your claim during a free consultation. Statute of Limitations Cerebral Palsy is a serious condition that can have a lasting impact on children and their families. Children with cerebral palsy are subject to a lot of medical costs. This could include everything from therapy to specialized equipment. In extreme cases, a child suffering from cerebral palsy may require 24/7 or part-time care. In some cases, compensation may help to cover these costs. It is important to know the laws in your state regarding medical malpractice claims. There are many states with statutes of limitations that place a time restriction on how long you can file a lawsuit after an illegal event has occurred. If you miss the deadline, your case will be dismissed by the court. Although the laws of every state differ, they all allow citizens to file personal injury lawsuits, which include those related to medical malpractice. You should contact a cerebral palsy lawyer when you suspect a medical professional or a facility caused your child's CP. Kansas for instance allows two years to pass from the date of the malpractice. Kentucky is one stricter state in this kind of case. It only permits citizens to find the injury within a year. Gathering Evidence Physical and occupational therapy is typically needed for patients suffering from cerebral palsy. Parents may have to change their home and acquire special equipment such as wheelchairs. These medical expenses can be extremely costly. A lawsuit could assist the family with compensation to pay these bills and improve the child's life. A medical malpractice lawsuit is typically the result of determining if a doctor's actions or decisions fell below the standard of care in the circumstances. Your attorney will look over your child's birth, pregnancy, and early infant records as well as other evidence to determine if the CP symptoms could have been avoided with better medical treatment. Your attorney will also talk with doctors and other health experts about your child's treatment as well as CP symptoms. They will review the evidence and prepare the case for trial. This could include obtaining expert witness testimony in support of your assertions and disproving defense arguments. If medical experts believe that the CP in your child was caused by medical malpractice and your lawyer files an action with your local court. You could only have a certain amount of time, contingent on the laws of your state in order to file a lawsuit. Your attorney will explain these rules to you. If you don't file within the timeframe of the statute of limitations your claim will be rejected. cerebral palsy attorney bellingham Filing If a medical lapse during childbirth, pregnancy or in the initial few weeks after birth led to your child to develop cerebral palsy you may be able start a lawsuit and claim compensation for the damages. If you are successful in your claim, the settlement for cerebral palsy may be enough to cover the costs for your family as well as regular care and treatment. An experienced lawyer will evaluate your case and determine whether you have a valid claim against the medical professionals who are accountable for your child's injuries. Your lawyer will then gather all types of documentation to prove your claim. These could include medical records for both parents as well as witness reports of the birthing process of your child, as well as other relevant proof. Your lawyer will file your lawsuit after the initial evidence is collected. You will be the plaintiff while the doctor or hospital that caused the injury to your child will be the defendant. Your cerebral palsy case may be resolved in a couple of months if the defendant accepts responsibility. If the defendants refuse to accept liability or if the injuries suffered by your child were severe, you could have to go to trial. During the trial your lawyer will present evidence to a judge or jury who will decide liability and the amount of compensation your child must receive. Trial After your lawyer has collected all the information needed the attorney can commence filing your case. They will send the defendants a demand note asking them to compensate your family and you for damages related to medical negligence. The defendants have a limited time to respond. In most cases, this is approximately 30 days. The next phase of the legal process is discovery. It is where both sides create documents and evidence to support their side of the story. Your lawyer will collaborate with medical experts and witnesses to gather additional evidence to support your case. After this phase the court will set a pre-trial conference to discuss the case. A large number of cases of medical negligence are settled by settlement agreements instead of a trial verdict. It is more efficient and less expensive for both parties. Your lawyer will do everything to assist you in reaching an appropriate settlement amount. The amount you settle must include the future expenses of your child as well as losses. Many families of children with CP are relieved by the fact that their medical team is accountable for their actions. This can allow families to rethink their lives and move forward with confidence. It can also raise awareness for other families that might be in the same thing.