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Cerebral Palsy Lawsuit Settlements Settlements from cerebral palsy lawsuits can assist families in paying for the treatment and care of their child. The average family has to pay upwards of $1,000,000 to cover all medical costs associated with cerebral palsy over an entire lifetime. While every cerebral palsy case is unique, the majority palsy lawsuits look similar. During a free case review, an experienced lawyer can determine if you have a compelling claim. Statute of limitations Cerebral palsy can have lasting effects on children and their families. Children suffering from cerebral palsy incur many medical costs. This could include everything from therapy to specialized equipment. In severe cases, a child suffering from cerebral palsy could require round-the-clock or part-time assistance. Obtaining compensation can help cover these costs. A cerebral palsy claim can be a complicated legal procedure and it is essential to be aware of your state's laws regarding medical malpractice claims. There are many states that have laws that restrict the time that you can file a claim after an incident that is illegal. If you miss the deadline and file a claim, it will be dismissed by the court. While each state's laws vary slightly, many states allow citizens a few years to claim personal injury compensation, including those related to medical negligence. You should seek out an attorney for cerebral palsy immediately if you suspect a medical professional or facility has caused your child's CP. Kansas for instance permits two years to be passed from the date of the error. Kentucky is a more strict state in this type of case and only permits citizens to identify the injury within a year. Gathering Evidence Many patients suffering from cerebral palsy require care for the rest of their lives that includes occupational and physical therapy. Parents may have to change their home and purchase special equipment, such as wheelchairs. These expenses are often very expensive, and a lawsuit can assist the family to receive compensation to pay the medical bills and enhance their child's quality of life. A medical negligence case is usually based on whether the doctor's actions and decisions did not meet the standards of treatment in the particular circumstances. Your attorney will scrutinize your child's birth, pregnancy and early infancy documents and other evidence to determine whether the CP symptoms could have been avoided with better medical care. Your attorney will also talk with the doctors and other health professionals about the treatment of your child as well as CP symptoms. They will review the evidence and prepare the case for trial. This could include obtaining expert witness testimony to support your assertions and countering the defense's arguments. If the medical experts agree that your child's CP was the result of negligence on the part of a doctor and your lawyer files a civil complaint with your local court. Based on the laws in your state, you may have an amount of time to file a claim. Your attorney will explain to you these rules. If you do not file your claim within the timeframe of the statute of limitations the claim will be thrown out. Case Filing If a medical lapse during childbirth, pregnancy or right after birth causes your child's cerebral palsy, you could be eligible to start a lawsuit and seek compensation for the damages. A successful claim for a cerebral palsy settlement could pay for your family's expenses including ongoing medical treatment and costs for care. An experienced lawyer will evaluate your case and determine whether you have a valid claim against the medical professionals responsible for the injuries your child sustained. Your lawyer will then collect all the evidence needed to prove your case. This may include medical records for both the mother and the child and witness reports of the birthing process of your child, as well as other evidence. Once the initial evidence is gathered, your attorney will formally bring your case to court. You will be the plaintiff while the hospital or doctor that caused the injury to your child will be the defendant. Your cerebral palsy case may be resolved in a couple of months in the event that the defendant accepts liability. If cerebral palsy law firm murrieta refuse to accept liability or if the injuries suffered by your child were severe, you could be required to go to court. In the course of trial your attorney will present the evidence before a jury or judge who will decide liability and the amount of compensation your child should receive. Trial After your lawyer has gathered all of the necessary information the attorney can commence making the case. They will send an demand letter to defendants asking them for compensation for you and your family members for the losses resulting from the medical negligence. The defendants are given a short time to respond. It is usually about 30 days. Discovery is the next stage of the legal process. Both sides will prepare documents to prove their sides. Your attorney will collaborate with medical experts and witnesses to gather additional evidence to support your case. After this phase, a court will schedule pre-trial conference to discuss the case. Many cases of medical malpractice are settled through settlement agreements instead of a trial verdict. This is beneficial for both parties because it is faster and less expensive. Your lawyer will do all they can to assist you in reaching an acceptable settlement amount. This amount must be based on the cost of your child's future expenses and losses. Many families of children with CP are relieved by the fact that their medical team is accountable for their actions. This can help families rethink their lives and move forward with confidence. It can also help raise awareness of other families in similar situations.