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Cerebral Palsy Lawsuit Settlements Cerebral palsy lawsuit settlements could help families pay for the cost of treatment and care for their child. The average family will need upwards of $1 million to cover their lifetime medical expenses relating to cerebral palsy. Although every cerebral palsy case is different however, the majority palsy lawsuits are the same. If you take advantage of a free case analysis An experienced lawyer can determine whether you have a compelling claim. Statute of Limitations Cerebral Palsy can have a long-lasting impact on children, as well as their families. Children who have cerebral palsy typically have extensive medical expenses that range from treatment to specialized equipment to therapy. In the most severe cases, a child suffering from cerebral palsy might require around-the-clock or part-time assistance. In some cases, compensation may help to cover the costs. It is important to know the laws in your state concerning medical malpractice claims. A lot of states have statutes that restrict the time that 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 every state's laws differ slightly, most allow citizens to have a few years to make personal injury claims which include claims relating to medical negligence. You should contact a lawyer for cerebral palsy immediately if you suspect that a medical professional or a facility has caused your child's CP. Kansas for instance permits two years to pass from the date the malpractice. Kentucky is one of the states with the most stringent laws in these types of cases and only allows citizens one year to determine the damage. Gathering Evidence Physical and occupational therapy is typically required for people suffering from cerebral palsy. Parents may need to modify their home and buy special equipment like wheelchairs. These expenses can be very expensive and a lawsuit may aid the family in obtaining compensation to pay for the medical bills and enhance their child's quality of life. A medical malpractice lawsuit is typically based on whether a doctor's actions or choices fell below the standard of care given the circumstances. Your attorney will look over your child's birth, pregnancy, and early infancy documents and other evidence to determine if the CP symptoms could have been avoided with more effective medical treatment. Your lawyer will also talk to the doctors and other health care professionals about the treatment of your child as well as CP symptoms. They will examine the evidence and prepare the case for trial. This may include getting expert testimony in the defense of your claims as well as debunking defense arguments. If medical experts believe that your child's CP was caused by negligence on the part of a doctor, your lawyer will file an administrative complaint in the local court. You could only have a limited amount of time, contingent on the laws of your state to make a claim. Your lawyer will explain these rules to you. If you don't file within the time limit, your claim will be thrown out. Case Filing If a medical lapse during pregnancy, childbirth or immediately after birth causes your child's cerebral palsy, then you may be able to file a lawsuit and pursue compensation for the damages. If you're successful in your case, the settlement for cerebral palsy could pay for all of your family's expenses including ongoing care and treatment. An experienced attorney will review your case and determine whether you have a valid claim against the medical professionals responsible for your child's injuries. Your lawyer will then collect all documentation to support your case. This could include images, medical records from both the mother and the child, statements from those who witnessed the birth of your child and other relevant evidence. Your attorney will file your lawsuit after the initial evidence has been gathered. You will be the plaintiff and the hospital or doctor that caused the injury to your child will be the defendant. If the defendant accepts liability, your cerebral palsy lawsuit could be resolved in a matter of months. If, however, the defendants dispute liability or your child's injuries are severe the case may have to go through trial. In cerebral palsy attorney new york of trial, your lawyer will present the evidence to a judge or jury who will decide on liability and the amount of compensation your child should receive. Trial Once your lawyer has all the required information the attorney can commence filing your case. They will send the defendants a demand notice in which they are asked to compensate your family and yourself for any damages related to medical negligence. The defendants will be given a limited amount of time to respond, usually about 30 days. The next phase of the legal process is discovery, which is when both sides will prepare documents and evidence to prove their side of the truth. Your lawyer will work with experts and witnesses to gather additional evidence for your case. After this phase the court will arrange a pre-trial conferences to discuss the case. Many instances of medical malpractice are settled through settlement agreements rather than the trial verdict. This is a better option for both parties since it's cheaper and quicker. Your lawyer will work hard to help you reach an equitable settlement. This amount must take into consideration the future costs of your child and losses. Many families of children with CP are comforted by the fact that their medical team is accountable for their actions. This can help them rethink their lives and move forward with confidence. It can also raise awareness for other families that might be in the same situation.