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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. The average family requires upwards of $1,000,000 to cover medical expenses related to cerebral palsy over a lifetime. While every case is unique, most cerebral palsy lawsuits follow the same steps. If you take advantage of a free case analysis, an experienced lawyer can determine whether you have a valid claim. Statute of limitations Cerebral palsy has an effect on children for years as well as their families. Children with cerebral palsy usually have a significant medical bill which range from treatment to specialized equipment to therapy. In extreme cases, children suffering from cerebral palsy may require around-the-clock all-hours or part-time assistance. The process of obtaining compensation can help cover the costs. A cerebral palsy claim can be a complex legal process and it is essential to be aware of your state's laws regarding medical malpractice claims. There are many states that have laws that limit the time you can file a claim after an illegal event. If you don't meet this deadline the court is likely to dismiss your claim. While every state's laws differ in a small way, most states allow citizens a few years to make personal injury claims which include claims relating to medical negligence. If you suspect that a medical professional or establishment caused harm to your child or caused their CP it is imperative to consult a knowledgeable cerebral palsy attorney as soon as possible to ensure you have enough time to make an injury claim. Kansas for instance permits two years to pass from the date the malpractice. Kentucky is among the states with the most stringent laws when it comes to these kinds of cases and only gives its citizens one year to identify the harm. Gathering Evidence Many patients with cerebral palsy require lifelong care, including physical and occupational therapy. Parents might have to alter their homes or purchase special equipment, like wheelchairs. These costs can be expensive and a lawsuit may assist the family to receive the compensation needed to cover these medical bills and improve the quality of life for their child. A medical malpractice claim is usually the result of determining if a doctor's actions or choices fell below the standard of care in the circumstances. Your attorney will review the records of your child's birth through early childhood, pregnancy, and the beginning of their lives to determine if CP symptoms could be prevented with more effective medical care. Your attorney will also speak with doctors and other health care 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 gathering testimony from experts to support your claims, and debunking the defense's arguments. If the medical experts believe that your child's CP was caused by medical negligence the lawyer will file a civil lawsuit with the local court. According to the laws of your state and regulations, you may have an amount of time to file a claim. Your lawyer will explain these rules to you. If you fail to file your claim within the timeframe of the statute of limitations, your claim will be thrown out. Case Filing If a medical error during pregnancy, childbirth or in the initial few weeks after birth caused your child to develop cerebral palsy you may be eligible to bring a lawsuit and seek compensation for the damages. A successful claim for cerebral palsy settlements could help your family pay for expenses including ongoing care and treatment costs. An experienced attorney can review your case to determine if you have a strong legal claim against the medical professionals who are responsible for the injuries your child sustained. Your lawyer will then collect all documentation to support your case. These could include scans of your child's brain, medical records from both the mother and the child, accounts from witnesses to the birth of your child and other evidence. Your attorney will file your lawsuit after the initial evidence is gathered. You will be the plaintiff, and the doctor and hospital that caused your child's injuries will become the defendant. The cerebral palsy situation could be settled within a few months when the defendant accepts responsibility. If the defendants refuse to accept liability or if the injuries suffered by your child were severe, you may have to go to trial. During the trial your lawyer will present all evidence before a judge or jury who will make an award determining the liability of the defendant and a fair amount of compensation for the losses of your child. Trial When your attorney has all the relevant information, they can start filing your case. They will send a demand letter to the defendants, asking them to compensate you and your family members for the damages related to the medical negligence. The defendants are given a certain time to respond. It is usually about 30 days. cerebral palsy attorney pharr of the legal process is discovery. It is when both sides will create documents and evidence to prove their side of the story. Your lawyer will work closely with experts in medicine and witnesses to gather additional evidence for your case. After this phase the court will typically convene pre-trial conference meetings to discuss the case and decide if it is ready to proceed to trial. Settlement agreements are often utilized to settle medical malpractice cases instead of a jury verdict. This is a better option for both parties because it is faster and less expensive. Your lawyer will do their best to reach an appropriate settlement amount. The amount you settle for must include your child's long-term expenses and losses. Many families of children suffering from CP are relieved by the fact that their medical staff is accountable for their actions. This can allow them to rethink their lives and move forward with confidence. It can also raise awareness for other families that may be facing the same situation.