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Cerebral Palsy Lawsuit Settlements Settlements from lawsuits involving cerebral palsy can assist families in paying for the treatment and care of their child. A typical family will require up to $1 million in order to cover their lifetime medical expenses related to cerebral palsy. Each case is different, however, most cerebral palsy lawsuits follow the same steps. When you get a free case evaluation an experienced lawyer will determine if you have a strong claim. Statute of limitations Cerebral Palsy can have an effect on children for years, as well as their families. Children with cerebral palsy often suffer from a wide range of medical expenses which range from treatment to specialized equipment to therapy. In severe cases, children suffering from cerebral palsy may need around-the 24/7 or even part-time care. Compensation can help pay for the costs. It is important to understand the laws in your state regarding medical malpractice claims. Many states have laws that limit the time you can bring a lawsuit following an unconstitutional event. If you fail to file your claim within the timeframe, your case will be dismissed by the court. While each state's laws vary slightly, the majority of states allow citizens to have a few years to claim personal injury for personal injury, including those involving medical malpractice. If you suspect that a medical professional or facility caused harm to your child and resulted in their CP It is vital to speak with a reputable cerebral palsy lawyer as soon as you can in order to ensure that you have enough time to make claims. For instance The Kansas statute of limitations in cases involving birth injuries permits two years from the date that the mistake occurred. Kentucky is among the more strict states when it comes to these kinds of cases and only allows citizens one year to discover the harm. Gathering Evidence Physical and occupational therapy is typically required for people suffering from cerebral palsy. Parents might have to alter their homes or purchase special equipment, such as wheelchairs. These expenses are often very expensive and a lawsuit could assist the family to receive compensation to pay the medical bills and increase their child's quality of life. A medical malpractice lawsuit is typically the result of determining if a doctor's actions or decisions fell below the standards of care required under the circumstances. Your attorney will examine 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 with your child's doctor and other health professionals about your child's treatment, as well as the CP symptoms. They will examine the evidence and prepare for trial. This may include gathering testimony from experts to support your claims and countering the defense's arguments. If the medical experts are of the opinion that your child's CP was the result of negligence in the medical field and your lawyer files an action in civil court with your local court. You could be granted a limited amount of time, depending on the laws in your state, to start a lawsuit. Your attorney will explain these rules. If you don't file within the timeframe set by the statute of limitations, your claim will be thrown out. Case Filing If a medical mistake during pregnancy, childbirth, or in the first few weeks after birth led to your child to develop cerebral palsy you could be able to start a lawsuit and claim compensation for the damages. If you win your case, the settlement for cerebral palsy could be enough to cover your family's expenses, including continuing care and treatment. An experienced attorney will review your case to determine whether you have a valid legal claim against the medical professionals responsible for the injuries your child sustained. Your lawyer will then gather all the relevant documentation to prove your claim. These could include medical records for both parents witnesses' reports of the birth of your child, and other relevant proof. Once cerebral palsy lawyer santa ana needed is gathered then your attorney will file your lawsuit in court. You are the plaintiff and the doctor or hospital that caused the injury to your child will be the defendant. If the defendant accepts liability, your cerebral palsy lawsuit could be settled in a matter months. If the defendants claim they are not responsible or if the injuries suffered by your child were severe, you may need to go to trial. During trial your lawyer will present the evidence before a jury or judge who will decide liability and the amount of compensation your child will be awarded. Trial When your lawyer has all the necessary information they will be able to begin filing your case. They will send the defendants a demand letter asking them to compensate your family and yourself for any damages related to medical negligence. The defendants will be given the time to reply, usually approximately 30 days. The next stage of the legal process is discovery. It is when both sides will prepare documents and evidence to support their side of the story. Your lawyer will work with medical experts and witnesses to gather evidence for your case. After this stage the court will arrange a an initial conference to discuss your case. Settlement agreements are often used to settle medical malpractice cases, instead of the jury verdict. It is faster and more affordable for both parties. Your lawyer will do everything possible to help you arrive at the most reasonable settlement amount. The amount you settle for must take into account your child's long-term expenses and losses. Many families of children with CP are encouraged by the fact that their medical team has been held accountable for their actions. This can help families rethink their lives and move forward with confidence. It also helps to raise awareness for other families that might be experiencing similar circumstances.