How to File a Cerebral Palsy Lawsuit
If your child suffers from cerebral palsy, you may be eligible to file a claim against the hospital or doctor which caused it. Every case is different however, the majority follow the same procedures. An experienced cerebral palsy attorney can manage all aspects of the process for you.
Your claim is valid if medical experts can prove that the error of a doctor, or other medical professional directly caused the brain injury to your child. Damage awards can be substantial.
Damages
Cerebral Palsy can be extremely devastating for families, particularly since it requires medical treatment and care that lasts for a lifetime. The emotional burden CP can impose on parents can leave them exhausted and financially strapped.
A cerebral palsy lawsuit can provide families with compensation for both economic as well as non-economic damage caused by the injuries of the child. Economic damages can include medical expenses future care expenses, as well as lost wages due to of the child's limitations. Non-economic losses can include suffering and pain, disfigurement, mental anguish and loss of enjoyment of life.
The amount of money awarded in the cerebral palsy lawsuit is contingent on the particular case's damages, but generally speaking, the average settlement for cerebral palsy nationally is around $5 million. These figures are based upon the experience of our birth injury lawyers dealing with these cases and the results of settlements as well as verdicts of juries across the country.
If you make a claim for cerebral palsy the lawyer will collect all forms of written evidence to show that your child's medical injuries were caused by the doctor and hospital involved in the birth of your child. They will also create a Life Care Plan, which is an expert-created estimate of your child's future medical requirements.
A lawyer with registered nurses can listen to your story to determine if the injuries suffered by your child are due to medical negligence during delivery. They will then perform the tedious task of gathering evidence and making contact with witnesses. The majority of medical professionals agree to a settlement outside of court. If they do not the case could be brought to trial.
Time limit
If you do not meet the deadline to file a lawsuit, if the court denies your claim. You should consult an attorney for birth injuries as early as you can know about your rights as well as the deadlines that might apply to your case. The standard statute of limitations for medical malpractice cases is two years. If you're representing a minor sufferer of medical negligence, then the statute of limitations may be extended to their 20th birthday.
The legal team you select will also require time to go through your child's claim and gather witnesses' testimony and documentation. This is an essential step in the medical negligence lawsuit of your child because it determines the amount of compensation you will get.
You should choose an attorney who specializes in cerebral paralysis cases. This will ensure that they're familiar with the complexities involved in this kind of lawsuit. They will be able build an argument that is strong and maximizes the financial potential of your child.
Additionally, you should choose an attorney who works on contingency. cerebral palsy lawsuit eau claire means that they won't get paid unless you are successful in your case. This reduces the burden of having to pay for the services of a lawyer and helps build trust between you and your legal team. It also guarantees that your lawyer will not accept your claim if he/she believes does not believe you have a decent chance of winning.
Finding a lawyer
Families with children who are injured due to negligence by a medical professional often bring lawsuits against doctors for cerebral palsy. If you suspect that your child's cerebral palsy was caused by a mistake by doctors, you should seek out a lawyer as soon as possible. The statute of limitations is a state law which determines the length of time you are able to pursue legal action.
Find a lawyer that specializes in medical malpractice. They will have the experience and resources to fight the hospital and doctors involved in your case. They can also review the medical records of your family, look into the medical procedures that were utilized during childbirth, and determine whether the injuries could have been prevented had those responsible for the birth were more attentive.
Most cerebral palsy lawsuits can be resolved out of court and a seasoned lawyer can negotiate a settlement that is fair to your family. There are caps on compensation that can limit what you can receive.
Typically, a person with CP will require ongoing medical care and therapy. It can be expensive and therefore it is important to seek legal advice as soon as possible. A CP lawsuit could help you recover costs of taking care of your child as well as give you the feeling of justice.
Filing a lawsuit
Cerebral Palsy may be a debilitating disease that impacts every aspect of a child's life. The condition can lead to physical and cognitive disabilities that require continuous treatment as well as therapy and other medical attention. A successful legal claim can provide the funds needed to assist a child with cerebral palsy live a healthy and fulfilling life.
Many parents who bring cerebral palsy lawsuits are seeking compensation for the medical mistakes made by doctors or other health professionals during the pregnancy and birth. Medical malpractice is the term used to describe this. A cerebral palsy lawyer can analyze your case to determine whether you have a valid claim.
A lawyer can assist you to file a lawsuit against the medical professional or team responsible for your child's injuries. He or she may consult with medical experts to prove that the error of the doctor was responsible for the injury to your child. Expert witnesses will give detailed evidence about the injury along with its long-term impact and the costs that are associated with the child's ongoing treatment.
Most cerebral palsy malpractice lawsuits resolve through settlements rather than trial, which can be expensive and time-consuming. An attorney can assist you in deciding which settlement type is the best option for your specific situation. A lawsuit can help to raise awareness about this common form of medical negligence. This will help avoid similar mistakes from happening in the future.