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Cerebral Palsy Lawsuit Settlements Cerebral palsy lawsuit settlements could help families cover the cost of treatment and care for their child. The average family has to pay upwards of $1,000,000 to cover all medical costs related to cerebral palsy over the course of a lifetime. Although each case is unique the majority of cerebral palsy lawsuits follow similar steps. A lawyer can review your claim during a complimentary consultation. Statute of Limitations Cerebral Palsy can have an effect on children for years as well as their families. Children who have cerebral palsy face a lot of medical costs. This could include everything from therapy to specialized equipment. In extreme cases, children suffering from cerebral palsy may need around-the 24-hour or part-time treatment. Compensation can help with the cost. A cerebral palsy lawsuit can be a complicated legal process, and it is important to understand your state's laws regarding medical malpractice claims. A lot of states have statutes that limit the time for which you can bring a claim following an illegal event. If you don't meet the deadline the court may dismiss your claim. Although every state's laws differ slightly, most allow citizens a few years to claim personal injury, including those related to medical malpractice. If you suspect that an medical professional or a facility caused harm to your child and resulted in the development of CP it is crucial to consult a knowledgeable cerebral palsy lawyer as fast as you can to ensure that you have enough time to make an action. For example For instance, the Kansas statute of limitations in a birth injury case allows two years from the date that the negligence occurred. Kentucky is among the more strict states in these types of cases and provides citizens with a year to find out what caused the harm. Gathering Evidence Many patients with cerebral palsy require ongoing care which includes occupational and physical therapy. Parents may have to change their home and acquire special equipment, such as wheelchairs. These expenses are often very expensive and a lawsuit could help the family receive compensation to pay these medical expenses and improve the quality of life of their child. A medical malpractice case usually based on whether the doctor's actions and choices did not meet the standards of care in the circumstances. Your attorney will scrutinize your child's birth, pregnancy and early infancy documents and other evidence to determine if the CP symptoms could have been prevented with better medical care. Your attorney will also talk to your child's physicians as well as other health care professionals regarding your child's medical treatment as well as the CP symptoms. They will analyze the evidence and prepare the case for trial. This may include the testimony of an expert witness to support your claims and refuting the defense's arguments. If medical experts are of the opinion that your child's CP was caused by negligence at the hands of a medical professional, your lawyer will file a civil lawsuit with your local court. You could be granted a limited period of time, based on the laws in your state and the court you bring a lawsuit. Your lawyer will explain these rules. If you do not file your claim within the statute of limitations, your claim will be dismissed. Case Filing If a medical mistake during childbirth, pregnancy or the first few weeks after birth caused your child to develop cerebral palsy you may be able make a claim and seek compensation for the damages. cerebral palsy lawsuit layton for a cerebral palsy settlement could help your family pay for expenses which include the ongoing costs of treatment and care. An experienced attorney will analyze your case and determine whether you have a legitimate claim against the medical professionals responsible for your child's injuries. Your lawyer will then collect all the evidence needed to prove your claim. This could include images, medical records from both the mother and the child, accounts from those who witnessed your child's birthing process, and other relevant evidence. Your attorney will file your lawsuit once the evidence has been collected. You will be the plaintiff, and the hospital and doctor that caused your child's injuries 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 the defendants deny liability or if the injuries suffered by your child were serious, you might need to go to trial. In the course of trial your attorney will present evidence before a jury or judge who will determine the liability and the amount of compensation your child should be awarded. Trial Once your lawyer has all of the necessary information, they can begin filing your case. They will send a demand letter to defendants asking them for compensation for you and your family for the losses resulting from the medical negligence. The defendants will be given a limited amount of time to reply, usually about 30 days. Discovery is the next phase of the legal process. Both sides will create documents to show their side. Your attorney will work with medical experts and witness to gather additional evidence for your case. After this phase, a court will schedule pre-trial conferences to discuss the case. Many instances of medical malpractice are settled through settlement agreements instead of the trial verdict. This is a better option for both parties since it's cheaper and quicker. Your lawyer will work diligently to assist you in determining an acceptable settlement amount. This amount should be based on the long-term costs of your child as well as losses. Many families of children with CP feel secure knowing that their medical team was accountable for their actions. This can help them reimagine their lives and move forward with confidence. It also helps raise awareness of other families going through similar situations.