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Cerebral Palsy Lawsuit Settlements Settlements from cerebral palsy lawsuits can help families pay for the treatment and care of their child. The average family will need up to $1 million in order to cover the lifetime medical expenses relating to cerebral palsy. While every cerebral palsy lawsuit is unique however, the majority of cerebral palsy lawsuits are similar. A lawyer can evaluate your case during a no-cost consultation. Statute of Limitations Cerebral palsy is a severe condition which can have a lasting impact on children and their families. Children who have cerebral palsy typically have extensive medical expenses and can range from treatment to equipment that is specialized to therapy. In extreme instances, children with cerebral palsy may require around-the-clock all-hours or part-time assistance. Compensation can help pay for the expenses. A cerebral palsy suit can be a complicated legal procedure 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 bring a lawsuit following an unlawful event. If you miss the deadline, your case will be dismissed by the court. Although every state's laws differ slightly, most allow citizens to have a few years to claim personal injury compensation which include claims relating to medical negligence. You should contact a cerebral palsy lawyer whenever you suspect that a medical expert or a medical facility has caused your child's CP. Kansas for instance allows two years to expire from the date of the malpractice. Kentucky is among the more strict states when it comes to these kinds of cases. It only gives its citizens one year to discover the harm. Gathering Evidence Physical and occupational therapy is typically required for those suffering from cerebral palsy. Parents may need modify their homes or purchase special equipment, such as wheelchairs. These medical expenses can be extremely costly. A lawsuit could aid the family to receive compensation to pay for these expenses and make a difference in the life of the child. A medical malpractice claim is typically determined by whether a doctor's actions or decisions fell below the standard of care given the circumstances. Your lawyer will go over the child's medical records from birth through early childhood, pregnancy, and the beginning of their lives to determine if CP symptoms could have been prevented with more effective medical care. Your lawyer will also speak with the doctors and other health experts about your child's treatment as well as CP symptoms. They will review all evidence and prepare for trial. This may include gathering testimony from experts to support your claims, and countering the defense's arguments. If medical experts believe that the CP in your child was caused by medical malpractice, your lawyer will file a complaint with the local court. You could only have a specific period of time, based on the laws in your state, to file a lawsuit. Your attorney will explain to you these rules. Your claim is dismissed in the event that you fail to submit your claim within the time frame. Case Filing If a medical error occurs during childbirth, pregnancy or right after birth causes your child's cerebral palsy, then you may be eligible to bring a lawsuit and seek compensation for damages. A successful claim for cerebral palsy settlements could be able to cover the costs of your family that include ongoing treatment and care costs. An experienced attorney can review your case to determine whether you have a strong legal claim against the medical professionals accountable for your child's injuries. cerebral palsy law firm sparks will gather all kinds of evidence to prove your claim. These could include medical records for both the mother and the child as well as witness accounts of the birthing process of your child, and other relevant proof. Your attorney will file your lawsuit once the initial evidence has been gathered. You will be named the plaintiff, and the hospital and doctor who caused the injuries suffered by your child will become the defendant. If the defendant accepts liability the cerebral palsy lawsuit could be resolved in a matter of months. If the defendants deny liability or if your child's injuries were severe, you may have to go to trial. During the trial, your lawyer will present all the evidence in your case before a judge or jury who will then render the verdict that determines the extent of liability and a fair amount of compensation for your child's injuries. Trial When your lawyer has all the necessary information they will be able to begin filing your case. They will send a demand letter to the defendants requesting that they compensate your family and you for any damages resulting from medical negligence. The defendants will have the time to respond, usually around 30 days. Discovery is the next stage of the legal process. Both sides will prepare documents to show their side. Your attorney will work closely with experts and witnesses to gather additional evidence to support your case. After this stage the court will arrange a pre-trial conference to discuss the case. A large number of cases of medical negligence are resolved by settlement agreements instead of the trial verdict. It is more efficient and less expensive for both parties. Your lawyer will be diligent to help you reach an acceptable settlement amount. The amount you settle must be based on your child's future expenses and losses. Many families of children suffering from CP are encouraged by the fact that their medical staff has been held accountable for their actions. This can help them rethink their lives and move forward with confidence. It also helps raise awareness of other families who are in similar situations.