The Most Worst Nightmare About Cerebral Palsy Litigation Be Realized cerebral palsy attorney scottsdale from cerebral palsy lawsuits could help families pay for the treatment and care of their child. The average family needs upwards of $1,000,000 to cover all medical expenses associated with cerebral palsy over a lifetime.

Each case is different, however, most cerebral palsy lawsuits follow similar steps. A lawyer can evaluate your claim in a free consultation.

Statute of Limitations

Cerebral dysplasia is a serious condition that can leave a lasting impact on children and their families. Children with cerebral palsy have numerous medical costs. This could range from therapy to specialized equipment. In extreme instances, children with cerebral palsy may require around-the-clock clock or part-time care. The process of obtaining compensation can help cover these expenses.

It is important to understand the laws in your state concerning medical malpractice claims. A lot of states have statutes or limitations that place a limitation on how long you can file a claim following an illegal event occurs. If you do not meet the deadline the court could dismiss your claim.

Although every state's laws differ slightly, the majority of states allow citizens a few years to file personal injury claims for personal injury, including those involving medical negligence. If you suspect that the medical professional or facility has injured your child and resulted in their CP it is imperative to contact a skilled cerebral palsy attorney as soon as you can in order to ensure that you have enough time to make an action.

For example For instance, the Kansas statute of limitations in the case of a birth injury allows two years from the date the malpractice occurred. Kentucky is one of the states that is more strict when it comes to this kind of case and only permits citizens to identify the harm within a year.

Gathering Evidence

Many patients with cerebral palsy need lifelong care which includes occupational and physical therapy. Their parents may have to remodel their homes and purchase special equipment, such as wheelchairs. These medical expenses can be very expensive. A lawsuit may aid the family to receive compensation to pay these bills and make a difference in the life of the child.

A medical negligence case is typically based on whether or not the doctor's actions and decisions were in violation of the standard of care in the circumstances. Your attorney will look over your child's records from birth as well as the time of pregnancy and early childhood to determine whether CP symptoms could have been prevented with more effective medical care.

Your attorney will also talk to your child's physicians as well as other health care professionals regarding your child's medical treatment in addition to the CP symptoms. They will evaluate the evidence and prepare the case for trial. This may include getting expert testimony in the defense of your claims as well as refuting defense arguments.

If medical experts agree that the CP in your child was the result of medical negligence and your lawyer files an action in your local court. According to the laws of your state you may have the time to make an action. Your attorney will explain to you these rules. If you don't file within the timeframe set by the statute of limitations the claim will be thrown out.

Case Filing

If a medical error occurs during childbirth, pregnancy or immediately after birth causes your child's cerebral palsy, you might be eligible to file a lawsuit and pursue compensation for damages. If you're successful with your claim, the settlement for cerebral palsy may pay for all of the costs for your family as well as regular care and treatment.

An experienced attorney will review your case to determine whether you have a valid legal claim against the medical professionals who are responsible for your child's injuries. Your lawyer will then collect all evidence to support your case. This may include imaging scans and medical records of both the mother and the child, statements from those who witnessed the birth of your child, and other evidence. Once the necessary initial evidence is gathered then your attorney will bring your case to court. You will be the plaintiff, and the hospital or doctor who caused your child's injury will be the defendant.

If the defendant accepts responsibility, your cerebral palsy lawsuit might be settled in a matter months. If, however, the defendants disagree on liability or your child's injuries are severe the case may have to go to trial. During the trial your lawyer will argue all evidence to a judge or jury who will issue the verdict that determines the extent of liability and a fair amount of compensation for the loss of your child.

Trial

Once your attorney has all the necessary information they will be able to begin filing your case. They will send the defendants a demand note asking them to compensate your family and you for injuries resulting from medical negligence. The defendants are given a certain time to respond. The typical timeframe is approximately 30 days.


The next step of the legal process is discovery. This is when both sides will prepare documents and evidence to support their side of the truth. Your attorney will collaborate with medical experts and witnesses to gather additional evidence for your case. After this phase the court will set a an initial conference to discuss your case.

Many instances of medical malpractice are settled by settlement agreements, rather than the trial verdict. It is more efficient and less expensive for both parties. Your lawyer will do everything to assist you in determining an acceptable settlement amount. This amount will need to be based on the long-term costs of your child as well as losses.

Many families of children who have CP are relieved by the fact that their medical team is accountable for their actions. This can help families reimagine their lives and move forward with confidence. It can also increase awareness for other families who may be facing similar circumstances.