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Cerebral Palsy Lawsuit Settlements Cerebral palsy lawsuit settlements can help families pay for the cost of treatment and care for their child. A typical family will require up to $1 million in order to cover a lifetime of medical expenses related to cerebral palsy. Although every cerebral palsy case is unique, the majority of cerebral palsy lawsuits are similar. In a free case review An experienced lawyer will determine whether you have a valid claim. Statute of limitations Cerebral palsy has an impact that lasts for a long time on children as well as their families. Children who have cerebral palsy face many medical costs. This could range from therapy to special equipment. In severe cases, children with cerebral palsy may require 24/7 or even part-time care. Compensation can help pay for the costs. It is crucial to be aware of the laws in your state concerning medical malpractice claims. Many states have statutes that limit the time you can bring a lawsuit following an unconstitutional event. If you don't file by the deadline your case will be dismissed by the court. Although the laws of every state differ but they all allow citizens to pursue personal injury lawsuits including those that relate to medical malpractice. You should seek out a lawyer for cerebral palsy whenever you suspect that a medical professional or a facility has caused your child's CP. For instance The Kansas statute of limitations in cases involving birth injuries permits two years from the date that the mistake occurred. Kentucky is one of the stricter states in these kinds of cases and only gives its citizens one year to find out what caused the harm. Gathering Evidence Physical and occupational therapy is often required for people suffering from cerebral palsy. Parents may need to modify their home and acquire special equipment, such as wheelchairs. These expenses are often very expensive, and a lawsuit can aid the family in obtaining compensation to cover the medical bills and enhance the quality of life for their child. A medical malpractice lawsuit is typically the result of determining if a doctor's actions or choices fell below the standard of care given the circumstances. Your attorney will look over your child's medical records since birth as well as the time of pregnancy and early childhood to determine whether CP symptoms could be prevented with better medical treatment. Your lawyer will also speak with doctors and other health experts about your child's treatment as well as CP symptoms. They will review the evidence and prepare for trial. This could include obtaining expert testimony to support of your assertions and disproving defense arguments. If the medical experts confirm that your child's CP was caused by medical negligence, your lawyer will file a civil lawsuit with your local court. You may be granted a limited amount of time, contingent on the laws in your state and the court you file a lawsuit. 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 rejected. Case Filing If a medical lapse during pregnancy, childbirth or immediately after birth causes your child's cerebral palsy, you might be eligible to file a lawsuit and pursue compensation for the damages. A successful claim for a cerebral palsy settlement can help your family pay for expenses that include the ongoing costs of treatment and care. An experienced lawyer will review your case to determine whether you have a solid legal claim against the medical professionals responsible for your child's injuries. Your lawyer will then gather all kinds of evidence to prove your claim. This can include medical records for both the mother and the child witnesses' accounts of the birth of your child, and other relevant proof. Your lawyer will file your lawsuit after the initial evidence is gathered. You are the plaintiff and the hospital or doctor that caused the injury to your child will be the defendant. If the defendant accepts liability the cerebral palsy lawsuit might be settled in a matter of months. If, however, the defendants disagree on liability or your child's injuries are severe the case may have to go through trial. During the trial your lawyer will present all of the evidence in your case to a jury or judge who will then issue an award determining the amount of liability and fairness of compensation for the loss of your child. Trial Once your attorney gathers all the information needed and documents, they can start making the case. They will send an demand letter to defendants requesting that they compensate you and your family for the losses resulting from the medical negligence. The defendants will be given the time to respond, normally approximately 30 days. Discovery is the next stage of the legal procedure. cerebral palsy lawyer kansas city will create documents to prove their sides. Your lawyer will work closely with experts and witnesses to gather additional evidence for your case. After this, the court will usually schedule pre-trial conferences to discuss the case and determine whether or not it is appropriate to go to trial. Many cases of medical malpractice are settled by settlement agreements instead of the trial verdict. This is a better option for both parties since it is quicker and less costly. Your lawyer will be diligent to assist you in determining an equitable settlement. The amount you settle for must include the future expenses of your child as well as losses. Many families of children with CP are reassured by the fact that their medical staff has been held accountable for their actions. This can help them envision their lives and move forward with confidence. It could also help to raise awareness of other families who are in similar situations.