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Cerebral Palsy Lawsuit Settlements Settlements from lawsuits involving cerebral palsy can assist families with the treatment and care of their child. The average family needs more than $1,000,000 to cover all medical expenses associated with cerebral palsy over the course of a lifetime. Although each case is unique However, the majority of cerebral palsy lawsuits have similar steps. During a free case review An experienced lawyer will determine if you have a strong claim. Statute of limitations Cerebral palsy is a severe condition that can have a long-lasting impact on children and their families. Children who have cerebral palsy typically suffer from a wide range of medical expenses which range from treatment to specialized equipment to therapy. In severe instances, a child diagnosed with cerebral palsy may require 24/7 or part-time assistance. Compensation may help to cover the expenses. It is important to understand the laws in your state concerning medical malpractice claims. Many states have statutes of limitations that place a time limitation on how long you are allowed to file a claim after an incident that is illegal occurs. If you do not meet this deadline the court could dismiss your claim. While each state's laws vary slightly, the majority of states allow citizens a few years to file personal injury claims, including those related to medical malpractice. You should consult a cerebral palsy lawyer whenever you suspect that a medical professional or facility has caused your child's CP. Kansas, for example permits two years to pass from the date the malpractice. Kentucky is among the states with the most stringent laws in these kinds of cases. It only allows citizens one year to determine the damage. Gathering Evidence Many patients with cerebral palsy need lifelong care that includes occupational and physical therapy. Parents may need to alter their homes or purchase special equipment, such as wheelchairs. These expenses are often very expensive, and a lawsuit can assist the family to receive compensation to pay these medical bills and improve their child's quality of life. A medical malpractice claim is typically based on the doctor's actions and decisions fell below the standard care in the circumstances. Your lawyer will go over the records of your child's birth through early childhood, pregnancy, and the beginning of their lives to determine if CP symptoms could be prevented with more effective medical care. Your attorney will also speak with the doctors and other health experts about your child's treatment as well as CP symptoms. They will review the evidence and prepare the case for trial. This may include getting expert witness testimony to support your claims, and debunking the defense's arguments. If medical experts agree that the CP in your child's case was caused by medical malpractice, your lawyer will file an action with the local court. According to the laws of your state, you may have only a short time to make a claim. Your attorney will explain these rules to you. If you don't file within the timeframe of the statute of limitations, your claim will be thrown out. Case Filing If a medical error during childbirth, pregnancy or immediately after birth causes your child's cerebral palsy, you could be eligible to make a claim and seek compensation for damages. If you win your case the settlement for cerebral palsy could cover all of your family's expenses, including continuing care and treatment. An experienced lawyer will review your case to determine whether you have a valid legal claim against the medical professionals accountable for your child's injuries. Your lawyer will then collect all kinds of evidence to support your claim. This could include scans of images and medical records from both the mother and the child, accounts from witnesses to the birth of your child, and other evidence. Once the initial evidence has been collected and your lawyer has completed the formal process, you will file your lawsuit in court. You will become the plaintiff, and the doctor and hospital that caused your child's injuries will be the defendant. The cerebral palsy situation could be resolved in a couple of months when the defendant accepts responsibility. If the defendants refuse to accept liability or if your child's injuries were severe, you may be required to go to court. During cerebral palsy attorneys west valley city , your lawyer will present evidence before a jury or judge who will determine liability and the amount of compensation your child will receive. Trial After your lawyer has collected all the information needed after which they will begin filing your case. They will send the defendants a demand note in which they are asked to compensate your family and you for damages caused by medical negligence. The defendants are given a certain time to respond. In most cases, this is around 30 days. The next phase of the legal procedure is discovery. This is the time when both sides prepare documents and evidence to prove their side of the truth. Your lawyer will work closely with experts in medicine and witnesses to gather additional evidence for your case. After this phase the court will arrange a pre-trial conference to discuss the case. Settlement agreements are often used to resolve medical malpractice cases instead of a jury verdict. This is preferred by both parties because it is cheaper and quicker. Your lawyer will do all they can to help you reach the most reasonable settlement amount. The amount you settle must be adjusted to account for your child's future expenses and losses. Many families of children suffering from CP are reassured by the fact that their medical team has been held accountable for their actions. This can allow them to rethink their lives and move forward with confidence. It could also help raise awareness for other families that may be facing the same thing.