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How to File a Cerebral Palsy Lawsuit If your child has cerebral palsy, you might be eligible to file a claim against the hospital or doctor that caused it. Every case is different however, most follow the same procedures. An experienced cerebral-palsy lawyer can manage every aspect of the procedure. Your claim will be accepted If medical experts can prove that a doctor's or other medical professional's malpractice directly contributed to your child's brain injury. Damage awards can be substantial. Damages Cerebral palsy is a devastating problem for families, particularly because it often requires lifetime medical treatment and care. Additionally the emotional burden CP is able to take on parents can cause them to burn out and leave them struggling financially. In a cerebral palsy case families can be compensated for both the economic and other damages. Economic damages include medical costs future care costs, as well as lost wages because of the child's limitations. Non-economic damages include pain and suffering and disfigurement, mental distress, and loss in enjoyment of life. The amount of money that is awarded in a cerebral-palsy lawsuit varies on the damages in each case but generally speaking, the average cerebral palsy settlement nationally is around $5 million. These figures are based upon the experience of our birth injury lawyers in handling these cases as well as the results from settlements and jury verdicts across the nation. If you start a cerebral palsy lawsuit, your attorney will gather all types of written documentation to show that your child's medical injuries were caused by the doctor and hospital involved in the birth of your child. They will also create a Life Care Plan, which is a professional-created estimate of your child's treatment needs. A lawyer who is registered with a nurse can listen to your story to determine if your child's injuries are the result of medical negligence during delivery. They will then complete the time-consuming task of collecting evidence and calling witnesses. Typically, the medical professionals involved will agree to settle outside of court, but in the event that they don't, the case may go to trial. Time limit If you do not meet the deadline for filing a lawsuit, the court may dismiss your case. You should consult an attorney for birth injuries as soon as you can to understand your rights and the deadlines for filing a lawsuit that are statutory in your case. In general, the deadline for medical malpractice cases is two years. However, if you are representing a minor victim of medical negligence, the statute of limitations can be extended until their 20th birthday. The legal team you hire will also need time to go through the case of your child and gather documents and witness testimony. This is an essential step in your child's medical negligence lawsuit because it will determine the amount of compensation you can receive. You should work with an attorney who is specialized in cerebral paralysis cases. This will ensure that they're familiar with the complicated issues that arise in this kind of lawsuit. They'll be able to build an argument that is strong and maximizes the financial potential of your child. You should also seek out an attorney that is on contingency. This means that they don't get paid until they win your case. This helps to reduce the stress of having pay for a lawyer's services and can build trust between you and your legal team. In addition, it assures that your lawyer won't accept your claim if they don't believe that you have a good chance of winning. Finding cerebral palsy attorney henderson with children who have been injured as a result of negligence at the medical level often make claims for cerebral palsy. If your child is suffering from cerebral palsy and you suspect it was caused by a mistake made by a doctor you should speak with an attorney promptly. Statutes of limitations in the state, also known as statutes of limitations dictate how long you have to pursue legal action in these cases. You should seek out an attorney who is specialized in medical malpractice cases. They have the resources and experience to defend the hospital and doctors in your case. Additionally they will be able to look over your medical records as well as examine the medical procedures used during labor and birth, and determine if the injuries could have been prevented in the event that those responsible for the birth of your child were more vigilant. Most cerebral palsy cases are settled outside of court by a skilled lawyer who can negotiate a fair settlement for your family. There are caps on compensation that may limit what you are able to receive. A person suffering from CP is likely to require ongoing medical treatment and care. It can be costly so it's crucial to get legal advice as soon a possible. A CP lawsuit will aid in recovering the costs related to taking care of your child, and will also provide a sense of justice. Filing a lawsuit Cerebral Palsy is a debilitating disease that impacts every aspect of a child's life. The condition can lead to physical and cognitive disabilities, which require continuous therapy and medical attention. A successful legal lawsuit could be able to provide the funds to let a cerebral palsy child live a full, happy life. Parents who file lawsuits for cerebral palsy often seek compensation for medical errors committed during pregnancy or the birth by doctors or other health care providers. This is known as medical malpractice. A cerebral palsy attorney can review your case to determine if you have a valid claim. A lawyer can help you bring a lawsuit against the doctor or medical team responsible for your child's injury. He or she will consult with experts in the field to prove that the error of your doctor caused your child's injuries. Expert witnesses will give specific evidence regarding the injury the long-term consequences of the injury and the costs related to the child's ongoing treatment. Most malpractice lawsuits involving cerebral palsy settle through settlements instead of a trial, which is costly and time-consuming. An attorney can assist you in determining which settlement method is best for your particular situation. A lawsuit can help you make people aware of this frequent form of medical negligence. This can help other families avoid similar mistakes in the future.