Although every cerebral palsy case is unique, the majority of cerebral palsy lawsuits have a similar. A lawyer can evaluate your case during a no-cost consultation.
Statute of limitations
Cerebral palsy can have an effect on children for years and their families. Children with cerebral palsy have a lot of medical expenses. This could range from therapy to specialized equipment. In extreme instances, a child diagnosed with cerebral palsy may require 24/7 or part-time care. Compensation can help cover the costs.
A cerebral palsy lawsuit could be a complicated legal procedure and it is essential to be aware of the laws in your state regarding medical malpractice claims. Many states have statutes of limitations that set a time limit on the time you can file a lawsuit after an illegal event occurs. If you don’t file by the deadline your case will be dismissed by the court.
While each state’s laws vary in a small way, most states allow citizens a few years to make personal injury claims which include claims relating to medical malpractice. If you suspect that an individual or a facility harmed your child and resulted in the development of CP it is crucial to consult a knowledgeable cerebral palsy lawyer as soon as you can so that you have enough time to file an action.
Kansas for instance permits two years to expire from the date of the error. Kentucky is one of the more strict states when it comes to these kinds of cases and only gives citizens one year to find out what caused the harm.
Gathering Evidence
Physical and occupational therapy is typically required for victims of cerebral palsy. Parents might have to remodel their homes and purchase special equipment, like wheelchairs. These medical expenses can be extremely costly. A lawsuit can help the family get compensation to pay these bills and enhance the quality of life for the child.
A medical malpractice claim is usually based on whether the doctor’s actions and choices were not in line with the standard of treatment in the particular circumstances. Your attorney will look over your child’s birth, pregnancy, and early infancy records and other evidence to determine if the CP symptoms could have been prevented by better medical treatment.
Your attorney will also speak to doctors and other health professionals about your child’s treatment as well as CP symptoms. They will go through the evidence and prepare for trial. This may include gathering testimony from experts to support your claims and countering the defense’s arguments.
If the medical experts confirm that your child’s CP was the result of negligence at the hands of a medical professional and your lawyer files an administrative complaint in the local court. You could be granted a limited amount of time, contingent on the laws of your state, to start a lawsuit. Your attorney will explain these rules to you. Your claim could be dismissed if you fail to submit your claim within the time frame.
Case Filing
If a medical lapse during childbirth, pregnancy, or in the initial few weeks after birth caused your child to develop cerebral paralysis, you may be able bring a lawsuit and seek compensation for the damages. A successful claim for a cerebral-palsy settlement could be able to cover the costs of your family which include the ongoing costs of treatment and care.
A seasoned attorney will review 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 collect all the evidence necessary to prove your claim. This can include medical records for both the mother and child, witness reports of the birth of your child, as well as other evidence. Once the initial evidence is collected, your attorney will formally file your lawsuit in court. You will become the plaintiff, while the hospital and doctor that caused the injuries suffered by your child will become the defendant.
If the defendant accepts liability, your cerebral palsy lawsuit could be resolved in just a few months. If the defendants deny responsibility or if the injuries suffered by your child were serious, you might be required to go to court. During the trial the lawyer will present all of the evidence in your case to a jury or judge who will then issue a verdict determining liability and a fair amount of compensation for the loss of your child.
Trial
After your lawyer has collected all the required information after which they will begin filing your case. They will send a demand letter to defendants asking them to compensate you and your family for the losses resulting from the medical negligence. The defendants have a limited time to respond. Usually, this is around 30 days.
The next step of the legal process is discovery. This is where both sides prepare documents and evidence to support their side of the story. Your attorney will collaborate with medical experts and witness to gather additional evidence for your case. Following this stage the court will typically organize pre-trial conferences to discuss the case and determine if it is ready to go to trial.
Many instances of medical malpractice are settled by settlement agreements, cerebral palsy lawsuit rather than the trial verdict. It is more efficient and more affordable for both parties. Your lawyer will do everything possible to assist you in determining an acceptable settlement amount. The amount you settle for must include the long-term costs of your child as well as losses.