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Cerebral Palsy Lawsuit Settlements Settlements from lawsuits involving cerebral palsy can assist families with the treatment and care of their child. The average family will need around $1 million to cover a lifetime of medical expenses associated with cerebral palsy. Although each case is unique The majority of cerebral palsy lawsuits have similar steps. If you take advantage of a free case analysis An experienced lawyer can determine if you have a strong claim. Statute of limitations Cerebral Palsy is a serious condition that can have a long-lasting impact on children and their families. Children with cerebral palsy frequently have extensive medical expenses that range from treatment to equipment that is specialized to therapy. In extreme cases, children with cerebral palsy may require 24/7 or part-time assistance. Compensation may help to cover the costs. It is important to know the laws in your state regarding medical malpractice claims. Many states have statutes that restrict the time in which you are able to make a claim following an incident that is illegal. If you do not file your claim by the deadline the case will be dismissed by the court. While every state's laws differ in a small way, most states allow citizens a few years to claim personal injury which include claims relating to medical malpractice. If you suspect that a medical professional or facility has injured your child and caused their CP it is imperative to contact an experienced cerebral palsy lawyer as soon as you can in order to ensure that you have enough time to file an injury claim. For example, the Kansas statute of limitations in cases of birth injuries allows two years from the date the error occurred. Kentucky is among the stricter states when it comes to such cases and only allows citizens one year to find out what caused the harm. Gathering Evidence Many patients with cerebral palsy require lifelong care that includes occupational and physical therapy. Parents may have to alter their home and purchase special equipment such as wheelchairs. cerebral palsy attorneys kansas can be expensive and a lawsuit may help the family receive the compensation needed to cover these medical expenses and improve the quality of life for their child. A medical malpractice claim is typically based on whether or not the doctor's actions and choices were in violation of the standard of care in the circumstances. Your attorney will examine the child's medical records from birth to early childhood, pregnancy and even birth to determine whether CP symptoms could have been prevented by better medical care. Your attorney will also talk to your child's physicians as well as other health care professionals about your child's treatment, as well as the CP symptoms. They will analyze the evidence and prepare for trial. This may include getting expert witness testimony to support your assertions and debunking the defense's arguments. If medical experts agree that the CP in your child was caused by medical malpractice Your lawyer will file a complaint at your local court. You could only have a certain amount of time, contingent on the laws of your state and the court you file a lawsuit. Your lawyer will explain these rules. If you do not file your claim within the time limit the claim will be thrown out. Case Filing If a medical lapse during pregnancy, childbirth or the moment after birth triggers your child's cerebral palsy, then you may be able to bring a lawsuit and seek compensation for damages. If you're successful with your case the settlement for cerebral palsy may cover all of your family's costs which includes the ongoing treatment and care. An experienced attorney will analyze your case and determine whether you have a legitimate claim against the medical professionals who are responsible for the injuries your child sustained. Your lawyer will then collect all the relevant documentation to support your claim. This may include medical records for both the mother and child and witness reports of the birthing process of your child, and other evidence. Your lawyer will file your lawsuit after the initial evidence is collected. You will become the plaintiff, and the hospital and doctor who caused your child's injuries will be the defendant. If the defendant accepts liability and you have a cerebral palsy case, it might be resolved in just a few months. If the defendants deny responsibility or if the injuries suffered by your child were serious, you might have to go to trial. During the trial your lawyer will present all of the evidence in your case to a jury or judge who will issue an opinion on the amount of liability and fairness of compensation for your child's injuries. Trial Once your attorney gathers all of the necessary information after which they will begin making the case. They will send a demand letter to defendants requesting that they compensate you and your family members for the damages related to the medical negligence. The defendants are given a certain time to respond. Usually, this is about 30 days. The next step of the legal process is discovery. It is when both sides will prepare documents and evidence to prove their side of the story. Your lawyer will collaborate with experts and witnesses to gather additional evidence to support your case. After this phase the court will typically hold pre-trial meetings to discuss the case and determine whether or not it is appropriate to go to trial. Settlement agreements are often utilized to settle medical malpractice cases, instead of the jury verdict. It is faster and less expensive for both parties. Your lawyer will do all they can to help you reach a fair settlement amount. The amount you settle for must take into consideration the future costs of your child and losses. Many families with children suffering from CP feel secure knowing that their medical staff was held accountable for their actions. This can help families rethink themselves and move forward in confidence. It may also help in raising awareness of other families going through similar circumstances.