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How to File a Cerebral Palsy Lawsuit You may be able to file an action when your child is suffering from cerebral paralysis Every case is different but the majority of cases follow the same procedure An experienced cerebralpalsy lawyer can manage every aspect of the process Your claim will be accepted If medical experts are able to prove that a doctors or another medical professionals mistake directly caused the brain injury of your child Damage awards can be significant Damages Cerebral palsy can be a difficult and devastating issue for families especially because it often requires lifetime medical treatments and treatment The emotional toll CP can impose on parents can leave them exhausted and financially struggling In a cerebralpalsy case families can be compensated for economic and other damages Economic damages can include medical expenses future care costs and lost wages due to the childs limitations Noneconomic damages include suffering and pain as well as disfigurement mental distress and loss of enjoyment of life The amount of money awarded for a cerebral palsy case depends on the damages in the case However the average cerebral palsy settlement is around 5 million These figures are determined by our birth injury lawyers extensive experience in handling these cases and the outcomes of verdicts and settlements throughout the nation When you decide to file a cerebralpalsy lawsuit your lawyer will gather all kinds of documentation to prove that your childs medical injuries were caused by the hospital and doctor involved in your childs birth They will also create a Life Care Plan which is an expertcreated estimate of your childs future treatment requirements A lawyer who has registered nurses will be able listen to your story and determine if your childs injuries are due to medical negligence during delivery Then theyll do the difficult task of gathering evidence and getting witnesses to speak with them Typically the medical professionals involved will agree to settle outside from court however if they dont then the case could be brought to trial Time limit If you miss a deadline to file a lawsuit the court dismisses your claim You should consult a birth injury attorney as quickly as you can know your rights and the deadlines that might apply to your case Generally speaking cerebral palsy lawyer laguna niguel for medical malpractice cases is two years If you represent minor victims the statute of limitations could be extended to their 20th birthday The legal team that you choose to hire will require time to review the case of your child as well as gather documentation and testimonies This step is one of the most important aspects of your childs medical malpractice lawsuit because it determines how much financial compensation you can receive Youll need to choose an attorney that specializes in cerebral palsy cases This will ensure that theyre aware of the complexities that arise in this type of lawsuit Theyll be able to build a strong argument that maximizes the financial potential of your child You should also find an attorney who is on contingency This means that they dont receive a fee unless they win your case This reduces the stress that comes with paying for attorneys services and help build trust between your legal team and you It also ensures your attorney will not take your claim if heshe believes she doesnt think you are likely to succeed winning Locating an attorney Families with children who are injured due to negligence by a medical professional often have to file lawsuits for cerebral palsy If you believe that your childs cerebral ailment was caused by a mistake made by the doctor consult a lawyer immediately State laws known as statutes or limitations specify the length of time you have to initiate legal action in these cases Find a lawyer with a specialization in medical malpractice They have the resources and experience to take on the medical professionals and hospitals in your case They will also be able examine the medical documents of your family examine the medical procedures that were utilized during childbirth and determine whether the injuries could have possibly been avoided if those who were responsible for the birth had been more attentive Most cerebral palsy cases are settled outside of court by a skilled lawyer who can negotiate an acceptable settlement for your family There are certain limits on compensation that can limit what you can get A person suffering from CP is likely to require regular medical treatment and care This can be costly and it is essential to seek legal advice as early as you can A CP lawsuit will aid in recovering the expenses related to caring for your child and will also provide a sense of justice Filing a lawsuit Cerebral Palsy is a debilitating condition that can affect every aspect of a childs existence It can cause cognitive and physical disabilities that require continuous treatment therapies therapy and other medical attention A successful legal action could help raise the funds needed to help a cerebral paralysis child lead a healthy happy life Parents who file cerebralpalsy lawsuits often seek to recover compensation for medical mistakes committed during pregnancy or the birth by doctors or other healthcare providers This is referred to as medical malpractice A cerebral palsy lawyer can examine your case to determine if you have a valid claim A lawyer can assist you in filing an action against a doctor or medical team that is accountable for the injuries suffered by your child He or she may consult medical experts to establish that the error of the doctor that caused the injury suffered by your child Expert witnesses will present details about the injuries its longterm effects and the costs for ongoing treatment Most cerebral palsy malpractice lawsuits settle through settlements instead of trial which can be costly and timeconsuming An attorney can assist you in determining which settlement method is appropriate for your particular situation A lawsuit could also help increase awareness of this common kind of medical malpractice This can help avoid similar mistakes from happening again in the future