How to File a Cerebral Palsy Lawsuit
If your child has cerebral palsy, you may be legally able to bring a lawsuit against the doctor or hospital that caused it. Each case is unique, but most follow the same process. A skilled lawyer with experience in cerebral palsy can handle every aspect of the process.
Your claim is valid if medical experts can prove that the malpractice of a doctor or any other medical professional directly caused the brain injury of your child. Damage awards can be significant.
Damages
Cerebral Palsy can be extremely devastating for families, particularly because it requires medical treatment and care that lasts for a lifetime. The emotional toll CP can inflict on parents can leave them exhausted and financially strained.
A lawsuit for cerebral palsy can compensate families for both economic and non-economic damages resulting from the child's injuries. Economic damages can include medical costs, future care costs and lost wages as a result of the child's limitations. Non-economic damages include suffering and pain, disfigurement, mental anguish and loss of enjoyment of life.
The amount of money awarded for a cerebral palsy lawsuit is determined by the severity of the case. However, the typical cerebral palsy settlement is approximately $5 million. These figures are based on the experience of our birth injury lawyers in handling these cases as well as the results of settlements and jury verdicts throughout the country.
Your attorney will collect all the evidence necessary to show that the hospital or doctor who delivered your child caused the injuries to your child. They will also draft an expert-created Life Care Plan that estimates your child's future needs.
A reputable lawyer who has registered nurses on staff will be able to listen to your story and determine if the injuries suffered by your child were the result of medical negligence during labor and delivery. They will then perform the time-consuming work of collecting evidence and getting witnesses to speak with them. Typically, the medical experts involved will agree to settle outside the courtroom, however if they do not, the case may go to trial.
Time limit
If you do not meet the deadline to file a lawsuit, the court may dismiss your case. You should consult an attorney who handles birth injuries as soon as you can to learn about your rights and the deadlines that may apply to your case. Generally, the deadline for medical malpractice cases is two years. However, if you are representing a minor victim of medical negligence, then the statute of limitation could be extended until their 20th birthday.
The legal team you choose will also need time to examine your child's claim and gather witnesses' testimony and documentation. This is an essential step in the medical negligence lawsuit filed by your child because it will determine the amount of compensation you could be awarded.
It is recommended to work with an attorney who is specialized in cerebral paralysis cases. This will make sure they are knowledgeable of the complicated issues that arise in this kind of lawsuit. They'll be able construct a strong argument that maximizes your child's chance for financial recovery.
In addition, you should choose an attorney who works on contingency. This means that they won't get paid unless you succeed in your case. This can help reduce the stress of having pay for a lawyer's services and also helps to build trust between you and your legal team. It also guarantees that your lawyer will not accept your claim if does not believe you have a good shot at winning.
Locating a lawyer
Cerebral palsy lawsuits are often filed by families whose children have been injured due to medical negligence. If your child is suffering from cerebral palsy and you suspect it was due to a mistake by a doctor you should speak with an attorney immediately. The statute of limitations is a state law that determines the time you can take legal action.
Find a lawyer who specializes in medical malpractice. They have the expertise and resources to take on the hospital and the doctors in your case. Additionally they can review your medical records and look into the medical procedures used during labor and birth, and determine whether the injuries could have been avoided if those who were responsible for your child's birth were more vigilant.
Most cerebral palsy lawsuits are resolved outside of court, and a seasoned lawyer can negotiate an acceptable settlement to your family. You should be aware of caps on compensation, however, which may restrict the amount you receive.
A person with CP is likely to require continuous medical treatment and support. This can be costly and it is essential to seek legal advice as soon as you can. A CP lawsuit could help you recover costs of taking care of your child as well as provide a sense of justice.
Filing a lawsuit
Cerebral Palsy may be a devastating disease that affects every aspect of the child's life. The condition can cause physical and cognitive disabilities, that require continual therapy and medical care. A successful legal case can help to help a child who has cerebral palsy lead a fulfilling and enjoyable life.
cerebral palsy law firm ann arbor who bring cerebral palsy lawsuits are seeking compensation for medical errors made by doctors or other health care providers during pregnancy and birth. Medical malpractice is the term used to describe this. A cerebral palsy lawyer will analyze the specifics of your case and determine whether you have an appropriate legal claim.
A lawyer can assist you to file a lawsuit against the medical professional or team that caused your child's injury. He or she can consult with medical experts to prove that a error of the doctor was responsible for the injury suffered by your child. Expert witnesses will give precise evidence of the injury the long-term consequences of the injury and the cost associated with the child's ongoing care.
Most cerebral palsy lawsuits are settled much more than going to trial which can be costly and time-consuming. A lawyer can assist you in deciding on the type of settlement that is appropriate for your particular situation. A lawsuit can also help create awareness about this prevalent type of medical malpractice. This can help other families avoid similar mistakes in the future.