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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 has to pay more than $1,000,000 to cover the medical expenses related to cerebral palsy throughout an entire lifetime. While every cerebral palsy lawsuit is different, the majority palsy lawsuits are similar. If you take advantage of a free case analysis, an experienced lawyer can determine if you have a compelling claim. Statute of limitations Cerebral palsy is a serious condition that can have a lasting impact on children and their families. Children with cerebral palsy usually face a large medical bill which range from treatment to equipment that is specialized to therapy. In severe instances, a child diagnosed with cerebral palsy could require round-the-clock or part-time assistance. Obtaining compensation can help cover these costs. It is essential to know the laws in your state concerning medical malpractice claims. Many states have statutes that limit the time you can bring a lawsuit following an incident that is illegal. If you don't file by the deadline, your case will be dismissed by the court. Although every state's laws differ slightly, most allow citizens to have a few years to claim personal injury compensation that include medical malpractice. If you suspect that a medical professional or facility has injured your child and caused their CP It is vital to contact an experienced cerebral palsy attorney as soon as you can so that you have enough time to file an action. Kansas, for example permits two years to expire from the date of the error. Kentucky is one of the states that is more strict in this kind of case and only permits citizens to find the harm within one year. Gathering Evidence Many people with cerebral palsy require lifelong care that includes occupational and physical therapy. Parents may have to modify their home and acquire special equipment, such as wheelchairs. These costs are usually expensive, and a lawsuit can aid the family in obtaining the compensation needed to cover the medical bills and increase the quality of life for their child. cerebral palsy law firm kenner is typically based on whether or not the doctor's actions and choices did not meet the standards of care in the circumstances. Your attorney will look over the records of your child's birth, pregnancy and early childhood 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 regarding your child's medical treatment and also the CP symptoms. They will review the evidence and prepare the case for trial. This may include getting expert testimony in support of your arguments and debunking defense arguments. If medical experts believe that your child's CP was the result of negligence at the hands of a medical professional Your lawyer will file a civil complaint with your local court. Depending on your state's laws, you may have an amount of time to submit an action. Your attorney will explain these rules. If you do not file your claim within the timeframe of the statute of limitations the claim will be dismissed. Case Filing If a medical error during pregnancy, childbirth or immediately after birth causes your child's cerebral palsy, you may be eligible to bring a lawsuit and seek compensation for the damages. If you win your case the settlement for cerebral palsy may cover all of the costs for your family including the ongoing treatment and care. A seasoned attorney will review your case and determine whether you have a legitimate claim against medical professionals responsible for your child’s injuries. Your lawyer will then collect all documentation to support your claim. These could include medical records for both the mother and child witnesses' accounts of the birthing process of your child, and other evidence. Your lawyer will file your lawsuit once the initial evidence is collected. You will be named the plaintiff, and the hospital and doctor that caused your child's injuries will become the defendant. Your cerebral palsy issue could be resolved in a couple of months if the defendant accepts the responsibility. If the defendants refuse to accept liability or if the injuries suffered by your child were severe, you could have to go to trial. During the trial the lawyer will present all of the evidence in your case to a jury or judge who will then render an opinion on the liability of the defendant and a fair amount of compensation for your child's injuries. Trial Once your attorney has all the necessary information they can begin filing your case. They will send an demand letter to defendants requesting that they compensate you and your family members for the damages related to the medical negligence. The defendants are given a short time to respond. In most cases, this is around 30 days. Discovery is the next stage of the legal procedure. Both sides will prepare documents to show their side. Your lawyer will work with medical experts and witness to gather additional evidence to support your case. Following this stage, the court will usually schedule pre-trial conferences to discuss the case and determine whether or not it is appropriate to proceed to trial. A lot of cases of medical malpractice are resolved through settlement agreements instead of the trial verdict. Settlement agreements are quicker and more affordable for both parties. Your lawyer will be diligent to assist you in determining an equitable settlement. This amount should take into consideration the future expenses of your child as well as losses. Many families of children with CP are relieved by the fact that their medical team is accountable for their actions. This can help them envision their lives and move forward with confidence. It also helps raise awareness of other families who are in similar circumstances.