How to File a Cerebral Palsy Lawsuit

If your child is suffering from cerebral palsy, you may be eligible to file a claim against the doctor or hospital who caused it. While every case is unique, most follow a similar sequence of steps. An experienced cerebral palsy attorney can manage all aspects of the process for you.

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

Damages

Cerebral palsy can be a devastating issue for families, particularly since it requires medical treatment and care that lasts a lifetime. Additionally the emotional burden CP is able to take on parents can make them burnt out and make them struggle financially.

A cerebral palsy suit can be a way to compensate families for both financial and non-economic losses resulting from the child's injuries. Economic damages include medical bills, future care costs, and lost earnings due to the child's limitations. Non-economic damages include suffering and pain along with disfigurement, mental distress, and loss in enjoyment of life.

The amount of money that is awarded in a case of cerebral palsy depends on the damages in the case. However, the typical cerebral palsy settlement amounts to $5 million. These figures are based on the experience of our birth injury lawyers dealing with these cases and the results from settlements and jury verdicts across the country.

Your attorney will collect all the evidence required to demonstrate that the doctor or hospital that delivered your child triggered 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 to listen to your story to determine if the injuries suffered by your child are due to medical negligence during the delivery. They will then do the time-consuming work of collecting evidence and calling witnesses. Most medical professionals settle out of court. If they do not the case could be tried in court.

Time limit

If you do not meet the deadline to file a lawsuit, the court can dismiss your case. It is important to speak with an attorney who handles birth injuries in the earliest time possible to understand your rights as well as the deadlines imposed by law in your case. The standard deadline for medical malpractice cases is two years. If you are representing a minor victim of medical negligence, the statute of limitations can be extended to their 20th birthday.

The legal team you hire will need to review the case of your child as well as gather evidence and documents. This is a crucial element in your child's medical negligence lawsuit because it will determine the amount of compensation that you receive.

You should choose an attorney who specializes in cerebral paralysis cases. This will ensure that they're experienced with the complex issues involved in this type of lawsuit. They will be able build an argument that is strong and maximizes the financial return of your child.

Additionally, you should choose an attorney who works on contingency. This means they won't be paid unless you are successful in your case. This reduces the stress that comes with paying for attorney's services, and also build trust between your legal team and your. It also guarantees that your lawyer will not consider your claim if he or she doesn't think you have a good shot at winning.

Find an attorney

Cerebral palsy cases are often filed by families whose children have been injured because of negligence by a medical professional. If your child suffers from cerebral palsy and you suspect it was caused by a medical error you should speak with an attorney as soon as you can. State laws, also known as statutes of limitations dictate how long you must initiate legal action in these cases.

Find a lawyer with a specialization in medical malpractice. They will have the experience and resources to fight the hospital and the doctors involved in your case. They can also examine the medical records of your family members, review the medical procedures that were used during childbirth and determine if the injuries could have prevented if the people responsible for the birth been more vigilant.

Most cerebral palsy cases are settled outside of court, and a knowledgeable lawyer can negotiate a fair settlement to your family. You should be aware of the caps on compensation however, which can restrict the amount you receive.

A person suffering from CP is likely to require continuous medical treatment and support. It can be expensive so it's essential to get legal advice as soon as is possible. A CP lawsuit will help you recover the expenses of caring for your child, and can also give you a sense of justice.

Filing a lawsuit

Cerebral palsy is an extremely serious condition that affects every aspect of the child's life. The condition can result in physical and cognitive disabilities which require continuous treatment as well as therapy and other medical treatment. A successful legal case could help to assist a child with cerebral palsy lead a full and happy life.

Parents who file cerebral-palsy lawsuits often seek compensation for medical mishaps that were made during pregnancy or during birth by doctors or other health-care providers. This is referred to as medical malpractice. A cerebral palsy lawyer will look over your case and determine whether you have a valid claim.

A lawyer can help you in filing lawsuits against a doctor or medical team that is responsible for the injuries of your child. He or she will consult with medical experts to prove the error of your doctor caused the injuries to your child. Expert witnesses will provide detailed evidence about the injury, its long-term effects and the cost that are associated with the child's ongoing care.

Most malpractice lawsuits involving cerebral palsy settle through settlements instead of a trial, which is expensive and time-consuming. A lawyer can assist you in deciding on the type of settlement that is the best option for your specific situation. A lawsuit could also help create awareness about this prevalent type of medical malpractice. This can help avoid similar errors in the future.