How to File a Cerebral Palsy Lawsuit

If your child has cerebral palsy, you may be legally able to bring a lawsuit against the hospital or doctor that caused it. Each case is unique however, most follow the same procedure. An experienced cerebral palsy attorney can handle all aspects of the process for you.

Your claim will be considered valid If medical experts can prove that a doctor's or other medical professional's mistake directly contributed to 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 treatment that lasts a lifetime. The emotional burden CP can take on parents can leave them burned out and financially strained.

In a cerebral palsy case, families can be compensated for both the economic and other damages. Economic damages include medical bills as well as future costs for care, and lost earnings due to the child's limitations. Non-economic damages include pain and suffering and disfigurement, mental distress, and loss in enjoyment of life.

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

Your attorney will collect all the evidence needed to prove that the doctor or hospital who gave your child the treatment caused your child's injuries. They will also create an expert-created Life Care Plan that estimates the future needs of your child.

A lawyer with registered nurses will be able listen to your story to determine if your child's injuries are the result of medical negligence during delivery. Then, they will do the tedious task of collecting evidence and calling witnesses. Typically the medical professionals involved will agree to settle the case outside from court, however, if they don't, then the case may go to trial.

Time limit

If you fail to meet the deadline for filing a lawsuit, and the court decides to dismiss your case. You should speak to a birth injury lawyer as soon as you can to understand your rights as well as the deadlines imposed by law in your particular case. The standard deadline for medical malpractice cases is two years. If you represent a minor victim of medical negligence, the statute of limitations may be extended to their 20th birthday.

The legal team you hire will need to look over the case of your child, and gather the evidence 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 choose an attorney who specializes in cerebral paralysis cases. This will ensure they are well-versed in the complicated issues that arise in this kind of lawsuit. They'll be able to make a convincing case that maximizes your child's potential for financial recovery.

In addition, you should choose an attorney who works on contingency. This means that they won't get paid unless you win your case. This reduces the burden of having to pay for a lawyer's services and can build trust between you and your legal team. In addition, it assures that your lawyer won't pursue your case if they do not believe you'll be a good candidate for winning.

Locating a lawyer

Cerebral palsy cases are often filed by families whose children have been injured as a result of medical negligence. If you suspect that your child's cerebral ailment was caused by a mistake by a doctor, you should seek legal advice immediately. State laws called statutes of limitations dictate how long you must take legal action in these cases.

You should seek out an attorney that specializes in medical malpractice cases. They will have the experience and resources to defend the hospital and physicians involved in your case. In addition, they can review your family's medical records, review the medical procedures that were used during labor and delivery, and determine if the injuries could have been avoided in the event that those responsible for your child's birth were more vigilant.

Most cerebral palsy cases are settled out of court, and a knowledgeable lawyer can negotiate an agreement that is fair to your family. Be aware of caps on compensation however, which could restrict the amount you receive.

Most often, people with CP will require regular medical care and therapy. It can be costly so it's essential to seek legal advice as soon a possible. A CP lawsuit will help you recover the costs of caring for your child, as well as provide the feeling of justice.

Filing a lawsuit

Cerebral Palsy is a devastating disease that affects every aspect of a child's life. The condition can cause cognitive and physical disabilities, that require continual medical treatment and therapy. A successful legal case could provide the funds necessary to help a cerebral paralysis child lead a healthy, happy life.

Parents who file lawsuits for cerebral palsy often seek compensation for medical errors that were made during pregnancy or during birth by doctors or other health-care providers. Medical malpractice is the term used to describe this. A cerebral palsy lawyer will review the details of your case to determine if you have a valid legal claim.

A lawyer can help you make a claim against the doctor or medical team that caused the injury your child sustained. He or she will consult with experts in the field to prove that the mistake of the doctor led to the injuries to your child. Expert witnesses will give details about the injuries along with its long-term impact and the costs that are associated with the child's ongoing treatment.

The majority of cerebral palsy lawsuits settle rather than going to trial, which can be expensive and time-consuming. An attorney can assist you in deciding which settlement type is appropriate for your particular situation. A lawsuit can help you raise awareness of this common form of medical malpractice. This will help avoid similar mistakes from happening again in the future.