How to File a Cerebral Palsy Lawsuit

You might be able to file a lawsuit if your child has cerebral paralysis. 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 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 devastating for families, particularly because it requires medical treatment and care that lasts for a lifetime. The emotional burden CP can cause parents can leave them exhausted and financially strained.

A lawsuit for cerebral palsy can pay families for both economic as well as non-economic damage caused by the injuries suffered by the child. Economic damages can include medical expenses, future care costs, and lost wages due to the child's limitations. Non-economic damages can include suffering and pain, disfigurement, mental anguish, and loss of enjoyment of life.

The amount of money awarded in a cerebral-palsy lawsuit varies on the specific case's damages however, generally speaking, the average settlement for cerebral palsy in the country is about $5 million. These figures are based on our birth injury lawyers' years of experience handling these cases, and the outcomes of settlements and verdicts across the nation.

Your attorney will gather all the evidence required to demonstrate that the hospital or doctor who delivered your child was responsible for your child's injuries. They will also develop an expert-designed Life Care Plan that estimates your child's future needs.

A lawyer with registered nurses can listen to your story and determine if the injuries suffered by your child are due to medical negligence during delivery. They will then do the tedious task of collecting evidence and calling witnesses. Most medical professionals resolve the matter outside of court. If they do not the case will be heard in court.

Time limit

If you miss the deadline to file a lawsuit, the court could dismiss your claim. You should speak to an attorney who handles birth injuries in the earliest time possible to know your rights and the statutory deadlines that apply in your particular case. The statute of limitation in medical malpractice cases is typically two years. If you represent minor victims, the statute of limitation may be extended until their 20th birthday.

The legal team that you hire will need to analyze the case of your child as well as gather evidence and documentation. This step is one of the most crucial aspects of your child's medical malpractice suit since it determines the you will be awarded.

You should work with an attorney who is specialized in cerebral palsy cases. This will ensure that they are familiar with the complexities involved in this kind of lawsuit. They'll be able to build an argument that maximizes the financial potential of your child.

You should also look for an attorney who is on contingency. This means they won't be paid unless you win your case. This can ease the pressure associated with paying for attorney's services, and also build trust between your legal team and you. 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 an attorney

Cerebral palsy lawsuits are typically filed by families whose children have been injured as a result of medical negligence. If your child suffers from cerebral palsy and you suspect it was due to a mistake by a doctor you should speak with an attorney promptly. The statute of limitations is a law of the state that dictates how long you have to take legal action.

Find a lawyer with a specialization in medical malpractice. They have the experience and resources to take on the hospital and physicians involved in your case. Additionally, they will be able to review the medical records of your family, examine the medical procedures used during labor and delivery and determine if the injuries could have been avoided if those who were responsible for the birth of your child had been more attentive.

Most cerebral palsy lawsuits are settled out of court, and a skilled lawyer can negotiate an acceptable settlement to your family. You should be aware of the caps on compensation, however, which may limit the amount you can receive.

Typically, a person with CP will require regular medical care and therapy. It can be costly and therefore it is important to get legal advice as soon as possible. A CP lawsuit could help you recover costs of caring for your child, and can also 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 cause cognitive and physical disabilities that require continual medical treatment and therapy. A successful legal case can provide the funds needed to help a child with cerebral palsy live a healthy and happy life.

Many parents who file cerebral palsy lawsuits seek compensation for the medical errors made by doctors or other health professionals during pregnancy and birth. 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 to file a lawsuit against the medical professional or team that caused your child's injuries. The lawyer may consult with medical experts to prove the mistake of the doctor caused the injuries your child sustained. Expert witnesses can provide detailed evidence of the injuries and the long-term consequences, including the costs associated with the ongoing treatment for your child.

The majority of cerebral palsy lawsuits are settled rather than going to trial which can be expensive and time-consuming. An attorney can assist you in deciding what settlement is best for your particular situation. A lawsuit can also help you make people aware of this frequent type of medical malpractice. This can aid other families to avoid similar errors in the future.