Ten Situations In Which You'll Want To Be Educated About Cerebral Palsy Litigation
cerebral palsy law firm santa monica could help families cover the cost of treatment and care for their child. The average family has to pay at least $1,000,000 to cover medical expenses related to cerebral palsy over an entire lifetime.
While every case is unique the majority of cerebral palsy lawsuits follow the same steps. An attorney can assess your claim during a complimentary consultation.
Statute of Limitations
Cerebral palsy is a severe condition which can have a lasting impact on children and their families. Children with cerebral palsy frequently have a significant medical bill, ranging from treatment to specialized equipment to therapy. In extreme instances, a child diagnosed with cerebral palsy might require around-the-clock or even part-time care. Compensation can help cover the cost.
It is important to understand the laws in your state regarding medical malpractice claims. Many states have statutes of limitations that put a limit on the time you can file a claim after an illegal event has occurred. If you don't file by the deadline the case will be dismissed by the court.
While every state's laws differ slightly, most allow citizens a few years to make personal injury claims that include medical negligence. If you suspect that the medical professional or establishment caused harm to your child or caused their CP it is imperative to contact an experienced cerebral palsy lawyer as quickly as you can so that you have enough time to make claims.
For instance, the Kansas statute of limitations in a birth injury case allows two years from when the error occurred. Kentucky is among the states with the most stringent laws when it comes to such cases and only allows citizens one year to find out what caused the harm.
Gathering Evidence
Many victims of cerebral palsy need lifelong care including occupational and physical therapy. Parents may have to modify their home and acquire special equipment such as wheelchairs. These medical expenses can be costly. A lawsuit can aid the family in obtaining compensation to pay these bills and improve the child's life.
A medical malpractice claim is usually dependent on whether a physician's actions or decisions fell short of the standard of care under the circumstances. Your attorney will look over the records of your child's birth as well as the time of pregnancy and early childhood to determine if CP symptoms could be prevented with better medical treatment.
Your lawyer will also talk with your child's doctors and other health professionals about your child's treatment, in addition to the CP symptoms. They will examine the evidence and prepare for trial. This could include obtaining expert witness testimony to support your claims, and refuting the defense's arguments.
If medical experts agree that your child's CP was caused by negligence at the hands of a medical professional, your lawyer will file a civil complaint with your local court. You may only have a limited period of time, based on the laws of your state and the court you file a lawsuit. Your lawyer will explain these rules to you. If you do not file your claim within the timeframe of the statute of limitations, your claim will be thrown out.
Case Filing
If a medical mishap during pregnancy, childbirth or in the initial few weeks after birth led to your child to develop cerebral palsy, you could be able to start a lawsuit and claim compensation for damages. If you're successful in your case the settlement for cerebral palsy could pay for all of your family's expenses including continuing care and treatment.
An experienced attorney will analyze your case and determine whether you have a legitimate claim against medical professionals responsible for the injuries your child sustained. Your lawyer will then gather all evidence to support your case. This could include images and medical records from both the mother and the child, testimony from witnesses to the birth of your child, and other relevant evidence. Once the necessary initial evidence has been gathered and your lawyer has completed the formal process, you will bring your case to court. You will be the plaintiff, and the doctor and hospital who caused the injuries suffered by your child will become the defendant.
If the defendant accepts responsibility and you have a cerebral palsy case, it might be settled in a matter months. If the defendants claim they are not responsible or if your child's injuries were severe, you could require a trial. During the trial, your lawyer will present all of the evidence to a judge or jury who will make an opinion on the liability of the defendant and a fair amount of compensation for your child's injuries.
Trial
After your lawyer has gathered all of the necessary information, they can begin making the case. They will send the defendants a demand notice asking them to compensate your family and yourself for any damages caused by medical negligence. The defendants have a specific time to respond. It is usually around 30 days.
The next phase of the legal process is discovery. It is where both sides prepare documents and evidence to support their side of the story. Your lawyer will work with medical experts and witnesses to gather additional evidence for your case. Following this stage the court will typically organize pre-trial conferences to discuss the case and determine whether or not it is appropriate to proceed to trial.
A lot of cases of medical malpractice are settled through settlement agreements rather than a trial verdict. This is beneficial for both parties since it is faster and less expensive. Your lawyer will do their best to reach an equitable settlement. This amount must be adjusted to account for your child's future expenses and losses.
Many families with children who suffer from CP are reassured knowing that their medical personnel was held accountable for their actions. This can help families reimagine their lives and move forward with confidence. It could also help raise awareness for other families that may be facing similar circumstances.