How to File a Cerebral Palsy Lawsuit
If your child suffers from cerebral palsy, you may be able to file a lawsuit against the doctor or hospital responsible for the condition. While every case is different however, most follow a standardized set of steps. A knowledgeable attorney with experience in cerebral palsy can handle all aspects of the process for you.
Your claim is valid if medical experts prove that the error of a doctor or any other medical professional, directly triggered the brain injury in your child. Damage awards can be significant.
Damages
Cerebral Palsy can be extremely devastating for families, especially since it requires medical treatment and care that lasts for a lifetime. In addition the emotional burden CP is able to take on parents can leave them burned out and leave them struggling financially.
A cerebral palsy lawsuit can provide families with compensation for both economic as well as non-economic damage caused by the child's injuries. Economic damages can include medical costs future care expenses, as well as lost wages due to of the child's limitations. Non-economic damages include suffering and pain mental anguish, disfigurement and loss of enjoyment life.
The amount of money awarded for a cerebral palsy lawsuit depends on the damages in the case. However, the average cerebral palsy settlement is approximately $5 million. These figures are determined by our birth injury lawyers' vast experience handling these cases and the outcomes of settlements and verdicts across the nation.
Your attorney will collect all the evidence needed to demonstrate that the doctor or hospital who gave your child the treatment caused the injuries to your child. They will also create an expert-created Life Care Plan that estimates the future needs of your child.
A reputable lawyer who has nurses on staff will be capable of listening to your story and determine if your child's injuries resulted from medical carelessness during labor and delivery. They will then perform the tedious work of collecting evidence and calling witnesses. The majority of medical professionals decide to settle the case outside of court. If they don't the case could be tried in court.
Time limit
If you don't meet the deadline for filing a lawsuit, the court could dismiss your case. It is important to speak with an attorney for birth injuries immediately to know your rights and the deadlines imposed by law in your particular case. Generally speaking, the time limit for medical malpractice cases is two years. If you represent a minor victim the statute of limitations may be extended to their 20th birthday.
The legal team you select will also require time to review your child's claim and gather witnesses' testimony and documentation. This is a crucial step in your child's medical negligence case because it determines the amount of compensation you could be awarded.
You should work with an attorney who is specialized in cerebral palsy cases. This will ensure that they are familiar with the complex issues that arise in this kind of lawsuit. They'll be able create a compelling case which maximizes the potential of your child for financial recovery.
Additionally, you should seek out an attorney who operates on contingency. This means they won't be paid unless you win your case. This can reduce the stress associated with paying for attorney's services, and foster trust between your legal team and you. Moreover, it also ensures that your attorney won't take your claim if they don't think you'll have a decent chance of winning.
Find a lawyer
Families with children injured as a result of negligence at the medical level often make claims for cerebral palsy. If you suspect that your child's cerebral ailment was caused by a mistake by medical professionals, you must seek legal advice immediately. The statute of limitations is a law of the state that dictates how long you are able to pursue legal action.
Find a lawyer that specializes in medical malpractice. They have the expertise and resources to defend the hospital and doctors involved in your case. They will also be able to examine the medical documents of your family, look into the medical procedures that were used during the birth, and determine if the injuries could have possibly prevented if the people responsible for the birth were more attentive.
The majority of cerebral palsy cases are resolved outside of court by a knowledgeable lawyer who can negotiate a fair settlement for your family. There are caps on compensation that can limit what you can be awarded.
Typically, a person with CP will require ongoing medical attention and therapy. This can be expensive and it is vital to seek legal advice as early as you can. A CP lawsuit will help you recover expenses related to caring for your child and provide a sense justice.
Filing a lawsuit
Cerebral palsy is an incredibly debilitating condition that affects every aspect of the child's life. The condition can cause cognitive and physical disabilities that require continual treatment in therapy, therapy, or other medical attention. A successful legal claim could result in the money needed to let a cerebral palsy child lead a full and happy life.
Many parents who sue for cerebral palsy seek compensation for the medical errors made by doctors or other health care professionals during pregnancy and during birth. This is referred to as medical malpractice. A cerebral palsy lawyer can examine the specifics of your case and determine whether you have an appropriate legal claim.
A lawyer can assist you in bringing lawsuits against a doctor or medical team that is responsible for the harm to your child. He or she can consult medical experts to prove the error of the doctor was responsible for the injury to your child. These expert witnesses can provide specific evidence of the injury and its long-term consequences, including the costs associated with your child's ongoing medical treatment.
The majority of cerebral palsy lawsuits are settled more than going to trial which can be costly and time-consuming. A lawyer can assist you in deciding what settlement is the most appropriate for your situation. A lawsuit can help increase awareness of this prevalent form of medical malpractice. cerebral palsy lawsuit jacksonville will help avoid similar mistakes from happening in the future.