How to File a Cerebral Palsy Lawsuit

If your child has cerebral palsy, you might be eligible to file a claim against the hospital or doctor that caused it. Every case is different, but most follow the same process. An experienced lawyer for cerebral palsy will handle all aspects of the process.

Your claim will be accepted if medical experts can prove that a doctor or other medical professional's negligence directly contributed to the brain injury of your child. Damage awards can be significant.

Damages

Cerebral palsy is a devastating problem for families, particularly since it often requires lifetime medical treatments and treatment. In addition the emotional toll CP affects parents can make them burnt out and make them struggle financially.

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

The amount of money awarded in a cerebral palsy lawsuit depends on the damages in each case but generally speaking, the average cerebral palsy settlement nationally is around $5 million. These figures are based on the experience of our birth injury attorneys in handling these cases as well as the results from settlements and verdicts of juries across the country.

When you file a cerebral palsy lawsuit your attorney will collect all forms of written evidence to show that your child's medical injuries were caused by the doctor and hospital involved in your child's birth. They will also prepare an expert-created Life Care Plan that estimates your child's future needs.

A reputable lawyer who has registered nurses on staff will be competent to listen to your story and determine if the injuries suffered by your child resulted from medical carelessness during labor and delivery. They will then complete the tedious task of gathering evidence and making contact with witnesses. Most medical professionals will agree to a settlement outside of court. If they do not, the case could be brought to trial.

Time limit

If you miss the deadline to file a lawsuit, the court may dismiss your claim. It is recommended to consult an attorney who handles birth injuries as quickly as you can learn about your rights and the deadlines that could apply to your case. Generally, the statute of limitations for medical malpractice cases is two years. However, if you're representing a minor victim of medical negligence, then the statute of limitations may be extended until their 20th birthday.

The legal team you hire will require time to analyze the case of your child and collect evidence and documentation. This is among the most important elements of your child's medical malpractice suit, because it determines how much financial compensation you can be awarded.

You should choose an attorney who is specialized in cerebral paralysis cases. This will ensure that they're familiar with the complex issues involved in this kind of lawsuit. They will be able to construct a strong argument that maximizes your child's chance for financial recovery.

Additionally, you should locate an attorney that works on contingency. This means they won't be paid until you win your case. This can ease the pressure of paying for attorney's services, and foster trust between your legal team and you. Additionally, it ensures that your lawyer won't accept your claim if they don't believe that you will have a good chance of winning.

Locating a lawyer

Families with children who have been injured by medical negligence often bring lawsuits against doctors for cerebral palsy. If you suspect that your child's cerebral palsy was caused by a mistake made by doctors, you should seek out a lawyer as soon as possible. The statute of limitations is a law of the state that determines the time you can take legal action.

It is recommended to find an attorney who is specialized in medical malpractice cases. They will have the experience and resources to fight the hospital and doctors 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 birth, and determine if the injuries could have been prevented by those 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 fair settlement to your family. You should be aware of caps on compensation however, which can limit the amount you can receive.

A person with CP is likely to require continuous medical treatment and support. It can be costly and therefore it is important to get legal advice as soon as you can. A CP lawsuit can help you recover expenses of caring for your child, as well as give you the feeling of justice.

Filing a lawsuit

Cerebral palsy is a devastating condition that can affect every aspect of a child's existence. The condition can result in cognitive and physical disabilities that require ongoing treatment therapies, therapy, and other medical care. A successful legal case could provide the funds needed to assist a child with cerebral palsy lead a full and fulfilling 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 known as medical malpractice. A cerebral palsy lawyer can analyze your case to determine whether you have an appropriate claim.

A lawyer can help you in bringing an action against a doctor or medical team that is responsible for the harm to your child. He or she can consult with medical experts to prove the mistake of the doctor caused the injuries your child sustained. Expert witnesses can provide precise evidence of the injury and its long-term consequences including the cost associated with your child's ongoing medical treatment.

The majority of cerebral palsy lawsuits are settled much more than going to trial, which can be costly and time-consuming. A lawyer can assist you in deciding on the type of settlement that is the best option for your specific situation. A lawsuit could also help raise awareness about this common kind of medical negligence. This can aid other families to avoid similar errors in the future.