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How to File a Cerebral Palsy Lawsuit If your child has cerebral palsy, you might be in a position to file a lawsuit against the doctor or hospital that caused it. While every case is different however, most follow a standardized set of steps. A skilled lawyer with experience in cerebral palsy can manage every aspect of the procedure. Your claim is admissible if medical experts establish that the malpractice of a doctor, or other medical professional directly triggered the brain injury suffered by your child. Damage awards can be significant. Damages Cerebral palsy is a devastating problem for families, in particular because it typically requires ongoing medical treatments and care. Additionally, the emotional toll that CP is able to take on parents can make them burnt out and leave them struggling financially. In a cerebral palsy case families may be compensated for both economic and other damages. Economic damages may include medical costs as well as future costs for care, and lost earnings due to the child's limitations. Non-economic damages include pain and suffering mental anguish, disfigurement, and loss of enjoyment of life. The amount of money that is awarded in a case of cerebral palsy is determined by the severity of the case. However, the average cerebral palsy settlement is around $5 million. These figures are taken from our birth injury lawyers' years of experience in handling these cases as well as the results of verdicts and settlements across the nation. When you make a claim for cerebral palsy your attorney will collect all kinds of documentation to show that your child's medical injuries were caused by the doctor and hospital involved in your child's birth. They will also prepare a Life Care Plan, which is a specialized 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 due to medical negligence during the delivery. They'll then take on the time-consuming task of collecting evidence and getting witnesses to speak with them. Typically, the medical experts involved will agree to settle the case outside in court, but if they don't, the case could be brought to trial. Time limit If you don't meet the deadline for filing a lawsuit, the court could dismiss your case. It is important to speak with an attorney who handles birth injuries as soon as you can to understand your rights as well as the deadlines set by law in your particular case. The time limit for medical malpractice cases is usually two years. If you're representing a minor victim of medical negligence, then the statute of limitations may be extended to the 20th birthday of the victim. The legal team that you hire will need time to analyze the case of your child and gather evidence and documents. This is among the most important parts of your child's medical malpractice case as it determines how you can be awarded. You should consult an attorney who specializes in cerebral paralysis cases. This will ensure that they are well-versed in the complicated issues that arise in this kind of lawsuit. They'll be able to construct a strong argument which maximizes the potential of your child for financial recovery. It is also recommended to find an attorney that works on contingency. This means that they don't get paid unless they succeed in your case. This reduces the stress associated with paying for an attorney's services, and foster trust between your legal team and you. It also ensures your attorney will not accept your claim if does not believe you have a decent chance of winning. Find an attorney Cerebral palsy lawsuits are usually filed by families whose children were injured due to medical negligence. If you suspect that your child's cerebral paralysis was caused by a mistake made by a doctor, you should seek out a lawyer as soon as possible. State laws called statutes of limitations determine how long you have to pursue legal action in these cases. It is recommended to find an attorney who specializes in medical malpractice cases. They have the resources and experience to take on the medical staff and hospital in your case. They will also be able to review the medical records of your family, review the medical procedures that were used during the birth, and determine whether the injuries could have possibly been prevented had those responsible for the birth been more vigilant. Most cerebral palsy lawsuits can be settled out of court, and a competent lawyer can negotiate a settlement that is fair to your family. There are certain limits on compensation that could limit the amount you are able to receive. Typically, someone suffering from CP will require regular medical care and therapy. It can be costly, so it's important to seek legal advice as soon as you can. 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 can be a devastating condition that can affect every aspect of a child's life. The condition can cause cognitive and physical disabilities, that require continual treatment and medical care. A successful legal case could provide the funds needed to help a child who has cerebral palsy lead a full and enjoyable life. Many parents who sue for cerebral palsy seek compensation for the medical mistakes made by doctors or other health professionals during pregnancy and during birth. This is referred to as medical malpractice. cerebral palsy lawyer edmond will review your case to determine if you have an appropriate claim. A lawyer can help you to file a lawsuit against the doctor or medical team that caused the injury your child sustained. The lawyer will also consult with medical experts to prove that the error of the doctor caused your child's injuries. Expert witnesses can provide detailed evidence of the injury and its long-term effects including the cost associated with the ongoing treatment for your child. Most cerebral palsy lawsuits settle rather than going to trial, which can be costly and time-consuming. A lawyer can assist you in deciding what settlement is the most appropriate for your situation. A lawsuit can help raise awareness of this common form of medical malpractice. This can help prevent similar mistakes in the future.