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Cerebral Palsy Lawsuit Settlements Settlements in the case of cerebral palsy lawsuits can help families pay for the costs of treatment and care for their child. The average family will need more than $1 million to cover the lifetime medical expenses related to cerebral palsy. Although every cerebral palsy case is different, the majority of cerebral palsy lawsuits have a similar. If you take advantage of a free case analysis An experienced lawyer can determine if you have a valid claim. Statute of limitations Cerebral palsy is a severe condition which can have a lasting impact on children and their families. Children with cerebral palsy usually have a significant medical bill and can range from treatment to specialized equipment to therapy. In severe instances, children with cerebral palsy might require round-the-clock 24/7 or even part-time care. The process of obtaining compensation can help cover these costs. A cerebral palsy lawsuit can be a complicated legal process It is essential to know the laws of your state regarding medical malpractice claims. A lot of states have statutes or limitations that place a restriction on how long you can file a claim following an unconstitutional event occurs. If cerebral palsy attorney lawrence miss the deadline and file a claim, it will be dismissed by the court. Although the laws of every state may differ slightly however, they all permit citizens to pursue personal injury lawsuits including those that relate to medical malpractice. If you suspect that the medical professional or facility harmed your child and resulted in their CP it is imperative to contact an experienced cerebral palsy lawyer as soon as you can in order to ensure that you have enough time to make a claim. Kansas, for example, allows two years to pass from the date of the malpractice. Kentucky is a more strict state in this kind of situation and allows citizens to be aware of the damage within a year. Gathering Evidence Physical and occupational therapy is usually required for victims of cerebral palsy. Parents may have to modify their home and buy special equipment, such as wheelchairs. The medical costs can be extremely costly. A lawsuit may aid the family to receive compensation to pay these bills and improve the child's life. A medical malpractice claim is usually determined by whether a doctor's actions or decisions were not in line with the standard of care given the circumstances. Your attorney will examine your child's medical records since birth through early childhood, pregnancy, and the beginning of their lives to determine if CP symptoms could be prevented with better medical treatment. Your lawyer will also talk with your child's doctor and other health professionals about your child's treatment, as well as the CP symptoms. They will analyze the evidence and prepare for trial. This may include getting expert testimony from witnesses in support of your claims and contesting defense arguments. If medical experts agree that the CP in your child was the result of medical negligence and your lawyer files an action in the local court. You could only have a specific amount of time, contingent on the laws of your state to start a lawsuit. Your attorney will explain these rules. If you don't file within the time limit, your claim will be rejected. Case Filing When a medical mistake during childbirth, pregnancy or immediately after birth causes your child's cerebral palsy, then you may be able to make a claim and seek compensation for damages. If you win your case the settlement for cerebral palsy could cover all of the costs for your family including continuing care and treatment. An experienced lawyer will review your case to determine whether you have a solid legal claim against the medical professionals responsible for your child's injuries. Your lawyer will then collect every kind of evidence to prove your claim. This may include medical records for both mother and child as well as witness accounts of the birthing process of your child, and other relevant proof. Once all the evidence needed is gathered your attorney will file your lawsuit in court. You will be named the plaintiff, and the hospital and doctor that caused the injuries suffered by your child will become the defendant. If the defendant accepts responsibility and you have a cerebral palsy case, it could be resolved in just a few months. If the defendants deny responsibility or if your child's injuries were severe, you may require a trial. In the course of trial your attorney will present evidence before a jury or judge who will determine the liability and the amount of compensation your child will receive. Trial When your attorney has all the necessary information they will be able to begin filing your case. They will send an demand letter to defendants requesting that they compensate your family and you for the harm caused by the medical negligence. The defendants are given a short time to respond. Usually, this is around 30 days. The next phase of the legal process is discovery. It is when both sides create documents and evidence to support their side of the story. Your attorney will work closely with experts in medicine and witnesses to gather additional evidence to support your case. After this the court will typically hold pre-trial meetings to discuss the case and decide whether or not to proceed to trial. Settlement agreements are commonly used to resolve medical malpractice cases rather than a jury verdict. It is quicker and less costly for both parties. Your lawyer will be diligent to help you reach an acceptable settlement amount. The amount you settle for must take into consideration the future costs of your child and losses. Many families of children who have CP are encouraged by the fact that their medical team has been held accountable for their actions. This can help families redefine themselves and move forward with confidence. It could also help to raise awareness of families that are experiencing similar circumstances.