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How to File a Cerebral Palsy Lawsuit

If your child has cerebral palsy, you may be eligible to file a claim against the doctor or hospital who caused it. Each case is unique however, most follow the same procedure. An experienced cerebral palsy attorney can manage all aspects of the process for you.

Your claim will be accepted when medical experts can demonstrate that a doctor's or another medical professional's mistake directly caused your child's brain injury. Damage awards can be significant.

Damages

Cerebral Palsy can be a difficult and devastating issue for families, especially because it usually requires lifelong medical treatment and care. The emotional toll CP can take on parents can leave them exhausted and financially strapped.

A cerebral palsy lawsuit could compensate families for both economic and non-economic damages caused by the injuries sustained by the child. Economic damages can include medical costs, future care costs and lost wages as a result of the child's limitations. Non-economic damages include pain and suffering as well as disfigurement mental distress, and loss of enjoyment of life.

The amount of money awarded in a cerebral palsy lawsuit depends on the damages in each case however, generally speaking the average cerebral palsy settlement nationally is around $5 million. These figures are based on our birth injury lawyers' years of experience handling these cases and the outcomes of settlements and verdicts throughout the nation.

If you start a cerebral palsy lawsuit your attorney will collect all kinds of written documentation to show that your child's medical injuries were caused by the hospital and doctor involved in the birth of your child. They will also create an expert-created Life Care Plan that estimates the future needs of your child.

A reputable lawyer who has registered nurses on staff will be capable of listening to your story and determine whether the injuries suffered by your child were the result of medical carelessness during labor and delivery. They will then do the difficult task of gathering evidence and contacting witnesses. Typically the medical professionals involved will agree to settle the case outside in court, but if they do not, the case may go to trial.

Time limit

If you do not meet the deadline for filing a lawsuit, and the court dismisses your claim. It is recommended to consult an attorney for birth injuries as soon as you can to find out about your rights and the deadlines that could apply to your case. The statute of limitations for medical malpractice cases typically is two years. If you're representing a minor victim of medical negligence, then the statute of limitations may be extended until their 20th birthday.

The legal team you choose will also require time to review the case of your child and gather evidence and witness testimony. This is a crucial step in your child's medical negligence case because it will determine the amount of compensation you will be awarded.

You should consult an attorney who is specialized in cerebral paralysis cases. This will ensure they are familiar with the complex issues that arise in this type of lawsuit. They will be able to build a strong case which maximizes the potential of your child for financial recovery.

Additionally, you should choose an attorney who works on contingency. This means that they won't get paid unless you win your case. This can ease the stress of having pay for a lawyer's services and helps build trust between you and your legal team. In addition, it assures that your lawyer will not accept your case if they don't think you'll be a good candidate for winning.

Finding a lawyer

Families with children injured by negligence from a medical professional typically bring lawsuits against doctors for cerebral palsy. If your child has cerebral palsy and you believe it was caused by a medical error it is important to contact a lawyer immediately. The statute of limitations is a law of the state that dictates how long you can pursue legal action.

Find a lawyer with a specialization in medical malpractice. They will have the experience and resources to fight the hospital and doctors in your case. In addition they will be able to review the medical records of your family, look over the medical procedures utilized 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 attentive.

The majority of cerebral palsy cases are settled outside of court by a skilled attorney who can negotiate a fair settlement for you and your family. You should be aware of the caps on compensation however, which could limit the amount you can receive.

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

Filing a lawsuit

Cerebral palsy is an extremely serious condition that affects every aspect of a child's life. The condition can cause cognitive and physical disabilities that require continuous treatment therapies, therapy, and other medical treatments. A successful legal case could help raise the funds needed to let a cerebral palsy child live a full, happy life.

Parents who file cerebral-palsy lawsuits often seek compensation for medical mishaps made during pregnancy or at birth by doctors or other health-care providers. Medical malpractice is the term used to describe this. A cerebral palsy lawyer may analyze your case to determine if you have an appropriate claim.

A lawyer can assist you in bringing lawsuits against a doctor or medical team that is responsible for the harm to your child. The lawyer may consult with medical experts to prove the error of the doctor was responsible for the injuries your child sustained. These expert witnesses can provide specific evidence of the injury and its long-term effects, including the costs associated with your child's ongoing treatment.

Most cerebral palsy lawsuits settle rather than going to trial which can be costly and time-consuming. An attorney can assist you in deciding on the type of settlement that is appropriate for your particular situation. A lawsuit can help you make people aware of this frequent form of medical malpractice. This will aid other families to avoid similar errors in the future.