How to File a Cerebral Palsy Lawsuit

If your child is suffering from cerebral palsy, you might be legally able to bring a lawsuit against the doctor or hospital which caused it. Each case is unique, but most 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 a doctor's or other medical professional's malpractice directly caused your child's brain injury. Damage awards can be significant.

Damages

Cerebral Palsy can be a devastating condition for families, particularly since it is often a lifelong medical treatments and care. The emotional toll CP can cause parents can cause them to be exhausted and financially strained.

A cerebral palsy lawsuit could provide families with compensation for both economic and non-economic damages caused by the injuries of the child. Economic damages can include medical expenses future costs for care and lost wages due to the child's limitations. Non-economic damages 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 individual case's damages however, generally speaking the average cerebral palsy settlement nationally is around $5 million. These figures are based on our birth injury lawyers' vast experience in handling these cases, as well as the results of verdicts and settlements across the country.

Your attorney will collect all the documentation necessary to prove that the doctor or hospital who gave your child the treatment caused the injuries to your child. They will also prepare a Life Care Plan, which is a professional-created estimate of your child's future medical needs.

A reputable lawyer with registered nurses on staff will be capable of listening to your story and determine whether the injuries suffered by your child were caused by medical negligence during labor or delivery. Then, they will do the tedious task of collecting evidence and calling witnesses. The majority of medical professionals decide to settle the case outside of court. If they don't the case will be brought to trial.

Time limit

If you do not meet the deadline to file a lawsuit, the court denies your claim. It is recommended that you consult a birth injury attorney as quickly as you can find out about your rights and the deadlines that could apply to your case. The time limit for medical malpractice cases is usually two years. If you represent minor victims, the statute of limitation may be extended until their 20th birthday.

The legal team you hire will also require time to look over your child's case and gather documents and witness testimony. This is an essential step in the medical negligence lawsuit filed by your child because it will determine the amount of compensation you will receive.

You should work with an attorney who is specialized in cerebral paralysis cases. This will ensure they are aware of the complexities that arise in this type of lawsuit. They will be able build an argument that maximizes the financial recovery potential of your child.

You should also find an attorney that works on contingency. This means that they won't get paid until you are successful in your case. This helps to reduce the pressure of having to pay for the services of a lawyer and helps build trust between you and your legal team. It also assures that your lawyer will not take your claim if he or she doesn't think you have a good shot at winning.

Find a lawyer

Families with children injured by negligence from a medical professional typically bring lawsuits against doctors for cerebral palsy. If you believe that your child's cerebral ailment was caused by a mistake made by the doctor, seek legal advice immediately. The statute of limitations is a law of the state that dictates how long you can pursue legal action.

It is recommended to find an attorney who is specialized in medical malpractice cases. They have the knowledge and resources to defend the hospital and doctors in your case. In addition, they can review your medical records as well as look into the medical procedures used during labor and delivery, and determine whether the injuries could have been avoided if those who were responsible for the birth of your child were more vigilant.

Most cerebral palsy lawsuits are settled outside of court, and a competent lawyer can negotiate a settlement that is fair to your family. There are limits on compensation that can limit what you can receive.

Typically, someone suffering from CP will require ongoing medical treatment and therapy. This can be expensive and it is essential to seek legal advice as soon as you can. A CP lawsuit will help you recover the costs of caring for your child, as well as give you the feeling of justice.

Filing a lawsuit

Cerebral palsy is an incredibly debilitating condition that affects every aspect of a child's life. The condition can lead to physical and cognitive disabilities, that require continual treatment and medical care. A successful legal case can provide the funds needed to help a child suffering from cerebral palsy live a full and enjoyable life.

Many parents who file cerebral palsy lawsuits seek compensation for the medical errors made by doctors or other health care professionals during pregnancy and birth. This is referred to as medical malpractice. A cerebral palsy lawyer will review the details of your case and determine whether you have a valid legal claim.

A lawyer can assist you in filing lawsuits against a doctor or medical team responsible for the injury of your child. He or she may consult medical experts to prove that a doctor's mistake was responsible for your child's injury. Expert witnesses will present precise evidence of the injury the long-term consequences of the injury and the costs for ongoing care.

The majority of 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 best for your particular situation. A lawsuit can help you make people aware of this frequent type of medical malpractice. This could aid other families to avoid similar errors in the future.