How to Make a Cerebral Palsy Legal Claim

Pursuing compensation in a cerebral palsy case requires a number of steps. The aim is to collect monetary compensation for your child's pain and suffering as well as the expenses that your family has faced during the time since their CP diagnosis.

The process involves the evidence of medical negligence or malpractice was the cause of your child's CP. Your lawyer will review the facts of your case during a free case evaluation and start gathering evidence.

Legal Questions

Cerebral Palsy can cause many cognitive and physical problems, which may require lifelong care. Medical bills can be a burden for any family. If your child's cerebral paralysis is the result of medical errors which could have been avoided and prevented, you could be qualified for compensation.

A lawyer who has dealt with cerebral palsy cases is competent to determine whether your child's condition is due to medical negligence and if it's possible to file a suit. The lawyer will review the medical records of your child as well as birth details, and then collect any additional evidence such as imaging scans and testimony from family members or medical professionals.

After the lawyer has gathered sufficient evidence, they will send a demand letter to defendants in your case, requesting to pay you and your child for their negligence. If the defendants refuse to accept a settlement, they will face a trial in which they may be found guilty of medical negligence. However, many lawyers advocate settling out-of-court to save time and avoid the emotional strain of an upcoming trial. A settlement may also allow your family to afford treatment sooner. Your lawyer will fight for the best result should a trial be required. This could include a settlement for your child's future and past loss of income, suffering and pain, and any other damages.

Statute of Limitations

Cerebral palsy is a condition that can cause permanent and life-altering impairments. It can impact coordination, balance and movement in addition to secondary problems like secondary musculoskeletal disorders, speech and hearing, vision as well as behaviour and learning. It can have an impact on the cost of living medical costs, as well as special equipment.

Compensation claims can help to pay for the initial and ongoing costs of rehabilitation, care, and assistance. A substantial amount of compensation could make a major impact on the quality of life for the family and their future plans. It's not going to change the situation or the circumstances that affected your kid, so it is crucial to seek legal advice as soon as you can.

Every state has a law that limits the length of time you can start a lawsuit following an event. It is best to consult an attorney early so that you don't lose your case in the process.

If you want to file a malpractice claim when you file a malpractice claim, your Kansas City cerebral palsy attorney must prove that the actions of your healthcare provider did not meet the standards considered normal or reasonable in their profession. To decide what to do, the attorney will take a look at the other healthcare professionals who have similar training and experience would have done in the same circumstances. This is referred to as the standard of care.

Preparing a Lawsuit

The life-altering effects the diagnosis of cerebral palsy may have on your child are often overwhelming. This is especially the case when families try to pay the high cost of care. If your child's CP is caused by medical malpractice during pregnancy or the birth of your child or birth, you could be able to claim compensation.

A cerebral palsy lawyer will examine the medical history of your child to determine what steps a healthcare professional should have taken to avoid injuries. If it is established that a healthcare provider's mistake or error contributed to your child's CP our lawyer will prepare all necessary paperwork to start the lawsuit. We will also secure the assistance of medical experts who will conduct a thorough analysis of the case of your child.

When a lawsuit is filed, the defendants have a certain amount of time to respond to your complaint. During this time both parties will exchange formal requests for evidence or documents called interrogatories and depositions.

Our legal team is aware that it's difficult to focus on your child's health and wellbeing when you're struggling to cover the increasing costs of care. We work on an ad-hoc basis that means you only pay for our legal fees if we win you an award in the form of money.

Filing an action

Cerebral Palsy isn't progressive and can affect posture, movement, balance, coordination and balance. Treatment for CP may include medication, surgery, assistive technologies and other treatments. These expenses can add quickly, creating a huge financial strain for families.

A lawyer with cerebral palsy can help families obtain life-changing compensation that can ease this stress by covering medical expenses. A legal claim can help a family afford an affordable, secure home for their child and ensure that they have a safe and secure environment.

When filing a lawsuit, your lawyer will collect evidence to support your case. The documents could include pictures of your child's birth and medical records of your mother during her pregnancy and the testimony of witnesses. Your lawyer may also employ an expert in medical to analyze the facts of your case.

After a thorough review your lawyer will make a claim against the healthcare providers who caused the birth injury suffered by your child. This is usually done in a local courthouse. Some cases are settled with an agreement to settle without ever going to trial. This is often preferable to the emotional trauma of reliving the traumatizing birthing experience, and hearing testimony from witnesses at trial. A settlement allows a family the cash they need faster.