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Cerebral Palsy Lawsuit Settlements Settlements in the case of cerebral palsy lawsuits can help families pay for the cost of treatment and care for their child. The average family needs up to $1,000,000 in order to cover all medical costs associated with cerebral palsy over a lifetime. Although each case is unique, most cerebral palsy lawsuits are based on the same steps. During a free case review An experienced lawyer will determine if you have a legitimate claim. Statute of Limitations Cerebral Palsy is a serious condition which can have a lasting impact on children and their families. Children with cerebral palsy frequently have extensive medical expenses which range from treatment to equipment that is specialized to therapy. In extreme cases, a child suffering from cerebral palsy may require continuous or part-time care. The process of obtaining compensation can help cover these expenses. A cerebral palsy lawsuit could be a lengthy legal process, and it is important to understand 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 unconstitutional event. If you miss the deadline and file a claim, it will be dismissed by the court. Although every state's laws differ slightly, many states allow citizens to have a few years to claim personal injury compensation that include medical negligence. You should seek out a cerebral palsy lawyer immediately if you suspect a medical professional or facility has caused your child's CP. For example, the Kansas statute of limitations in cases involving birth injuries permits two years from the time the mistake occurred. Kentucky is a more strict state when it comes to this kind of case. It allows citizens to be aware of the damage within a year. Gathering Evidence Many people with cerebral palsy require ongoing care that includes occupational and physical therapy. Parents may have to alter their home and purchase special equipment like wheelchairs. These costs are usually expensive, and a lawsuit can help the family receive compensation to cover the medical bills and enhance their child's quality of life. A medical malpractice case is usually the result of determining if a doctor's actions or decisions fell below the standards of care required under the circumstances. Your lawyer will review your child's birth, pregnancy, and early infancy records, as well as other evidence to determine if the CP symptoms could have been prevented with better medical treatment. Your lawyer will also talk to your child's physicians and other health care professionals regarding your child's treatment as well as CP symptoms. They will examine the evidence and prepare for trial. This may include getting expert witness testimony in the defense of your claims as well as contesting defense arguments. If medical experts believe that the CP in your child's case was caused by medical negligence the lawyer will file a complaint at your local court. Depending on your state's laws you may be given a limited amount of time to file a claim. Your lawyer will explain these rules to you. If you fail to file your claim within the time limit, your claim will be dismissed. Case Filing If a medical error during pregnancy, childbirth or right after birth causes your child's cerebral palsy, you might be able to file a lawsuit and pursue compensation for damages. If you are successful in your claim the settlement for cerebral palsy may cover all of the expenses of your family as well as regular care and treatment. An experienced attorney will review your case to determine if you have a solid legal claim against the medical professionals responsible for your child's injuries. Your lawyer will gather every kind of evidence to support your claim. This could include scans of images and medical records of both the mother and the child, statements of witnesses to the birth of your child and other relevant evidence. Your lawyer will file your lawsuit once the evidence has been collected. You will be the plaintiff and the doctor or hospital that caused your child's injury will be the defendant. If the defendant accepts responsibility, your cerebral palsy lawsuit could be settled in a matter of months. If the defendants dispute liability or your child's injuries are severe, you might need to go through trial. During trial your attorney will present evidence before a jury or judge who will decide liability and the amount of compensation your child is entitled to receive. Trial Once your attorney has all the relevant information and is ready to file your case. They will send the defendants a demand notice in which they are asked to compensate your family and yourself for any injuries resulting from medical negligence. The defendants will have a limited amount of time to respond, typically approximately 30 days. The next step of the legal process is discovery. It is when both sides create documents and evidence to prove their side of the story. Your attorney will work with medical experts and witnesses to gather evidence to support your case. Following this stage the court will typically hold pre-trial meetings to discuss the case and decide whether it is ready to proceed to trial. A lot of cases of medical malpractice are resolved through settlement agreements instead of a trial verdict. Settlement agreements are quicker and more affordable for both parties. Your lawyer will work diligently to reach an acceptable settlement amount. This amount should take into consideration your child's future expenses and losses. cerebral palsy lawsuit ventura with children suffering from CP are reassured knowing that their medical staff was held accountable for their actions. This can allow families to rethink themselves and move forward with confidence. It could also help raise awareness for other families who might be experiencing the same situation.