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How to Make a Cerebral Palsy Legal Claim In order to obtain compensation for cerebral palsy youll have to take various steps The goal is to obtain the amount of money you paid for your childs suffering and pain as well as the expenses your family has endured in the years since their CP diagnosis Proving that medical negligence or negligence triggered your childs CP is the first step Your lawyer will review the specifics of your case in a free review of your case and then begin collecting evidence Legal Questions Cerebral palsy triggers a broad range of cognitive and physical problems which could lead to lifelong healthcare needs Medical expenses can be a burden to any family If your childs cerebral paralysis was caused by medical errors that could have been prevented you may be eligible for compensation A lawyer with experience in cerebral palsy cases is able to help you determine whether your childs illness is caused by medical negligence and if its possible to bring an action The lawyer can review the details of your childs birth and any medical records that are relevant and will then gather additional evidence such as images scans testimony from family members and medical experts Once your lawyer has collected enough evidence he will send a demand letter to the defendants asking them to pay for both you and your child If the defendants refuse to accept a settlement theyll be subject to a trial where they may be found guilty of medical malpractice Many lawyers recommend settlement outside of court to avoid time and emotional stress that comes with going through a trial A settlement may also help your family pay for treatment earlier Your lawyer will ensure the best outcome should a trial be required This could include compensation for your childs past and future loss of income pain and suffering and any other damages Statute of Limitations Cerebral Palsy can result in permanent and lifealtering disabilities It can affect movement coordination and balance as well as secondary issues like secondary musculoskeletal issues hearing and speech vision and learning It can also have an impact on daily living expenses medical costs and the cost of specialist equipment A claim for compensation may assist with the ongoing and initial costs of treatment rehabilitation and assistance A large award could make a major difference to the quality of life of the family and their future plans However it cannot resolve the issues or change what happened to your child and thats why it is essential to seek legal advice as soon as you can Each state has a statute that limits the length of time you can bring a lawsuit following an event The timeframes vary but it is always recommended to speak with a lawyer early so that your case does not lose its way in the course of litigation Your Kansas City cerebral palsy lawyer must show in the event of an action for malpractice that the healthcare providers actions was not reasonable or normal in their field To determine this the attorney will consider what other healthcare professionals with similar backgrounds and experience would have done in similar circumstances This is referred to as the standard of care Preparing a Lawsuit If your child is diagnosed with cerebral palsy the lifealtering effects of this condition can be overwhelming This is particularly relevant when families are trying to bear the burden of the high costs of care If your childs CP is the result of medical malpractice during pregnancy or birth you may be able to recover compensation A top cerebral palsy lawyer will look into your childs medical records to determine the steps that should be taken by a medical professional to stop an injury from happening If it is discovered that a healthcare professionals mistake or error contributed to your childs CP our attorney will prepare all the necessary documents necessary to submit the lawsuit We will also seek the assistance of medical experts who will conduct a thorough review of your childs situation When a lawsuit is filed the defendants are given a certain amount of time to respond to your complaint During this period the parties exchange formal requests for documents or evidence such as interrogatories and depositions Our legal team is aware that its hard to concentrate on the health and wellbeing of your child if youre struggling to pay for the increasing costs of care cerebral palsy lawsuit chino is why we operate on a contingency basis meaning you only pay our firm for your legal fees in the event that we win a financial award for you Filing a Lawsuit Cerebral palsy is not progressive and can affect posture mobility balance coordination and balance Treatment for CP may include medication surgery assistive technologies and other treatments These expenses can mount quickly creating a huge financial strain for families A cerebral palsy attorney can assist families in obtaining compensation that will change their lives by covering medical costs Compensation from a legal lawsuit can also help a family afford to live in a safe home and provide a stable and secure environment for their child Your lawyer will gather evidence to aid in the filing process They may include imaging scans of your child and medical records from the mothers pregnancy as well as delivery and testimony from witnesses who testify about what happened during the birthing process Your lawyer can also engage an expert in medical to analyze the facts of your case Following this review the lawyer will bring a lawsuit against the healthcare providers responsible for the birth injury of your child This is usually done at a local courthouse Some cases can be resolved with a settlement agreement without ever going to trial This is often more preferable than the emotional trauma of reliving the traumatic birthing experience and listening to the testimony of witnesses in court Settlements also enable a family to get the money they need faster