A How-To Guide For Cerebral Palsy Lawsuit From Start To Finish
Cerebral Palsy Settlement
Our firm can start a lawsuit if you're child suffers from cerebral palsy as a result of medical negligence or other birth injuries. We will then negotiate with you an appropriate settlement. Our team will take a close look at all medical evidence that is available and calculate your family's lifelong costs to help you obtain the highest settlement possible.
The amount of damages
Cerebral palsy is a lifelong condition that affects nearly every aspect of a person's life. The effects can be catastrophic, but when CP is the result of medical malpractice, the afflicted family members may be entitled to compensation. The amount of damages is determined by the degree of the injury as well as the number of parties responsible for the injuries.
The majority of cerebral palsy lawsuits settle outside of court. In settlement, the victim (plaintiff) and the medical professional who was negligent (defendant) agree to resolve their dispute with a sum which both parties agree. If, however, the two sides cannot reach an agreement the case will go to trial. At cerebral palsy lawyer everett and a judge will decide on the amount that the plaintiff is owed--via their verdict.
Be aware that your lawyer will fight to get you the best settlement. A knowledgeable lawyer can present persuasive evidence of your child's lifelong expenses, so that the other side offers an appropriate settlement amount. It is also crucial to hire a cerebral palsy lawyer with a solid track record. It's a cliché, but every cerebral palsy case is different. The more information your lawyer has, the more they can maximize the settlement. Here are some examples of significant CP settlements and verdicts.
Medical Expenses
A cerebral palsy settlement may offer money to pay for medical equipment and treatments. It could also help pay for the cost of caregivers, specialists and other services your child needs to live an active, healthy life. This can include medication or special diets, as well as physical therapy.
These expenses can be extremely expensive and your family should not have to shoulder them on their own. Your CP attorney can assist you obtain the compensation needed to cover these expenses and more.
In many instances medical errors are often the root of brain injury that leads to CP. In civil lawsuits doctors, nurses and other medical professionals could be held accountable for their mistakes.
A woman who is in her 25th week of pregnancy comes to the emergency department because of severe discomfort and low fetal heart rates. The obstetricians let her go, but then returned as the symptoms became more severe. The doctors finally discover that she is in labor but they don't perform C sections. The baby is born suffering from heplegic cerebral paresthesia and seizures, and requires 24/7 medical attention. The parents file a lawsuit against the doctors and the hospital for medical negligence and settle for $103,075,618.
Whatever type of CP depending on the type of CP, you could be entitled to a significant amount in an agreement. The money you receive will give your family the financial resources they need to deal with these overwhelming costs.
Pain and Suffering
Cerebral palsy is a long-lasting condition that affects a person's balance and posture, and can limit movement. It is caused by brain disorders that happen during the development of infants or fetuses. It is not curable. These problems can be brought on by infections or other abnormalities in the uterus and umbilical cord, issues with the placenta, blood flow, genetic conditions, or medical mistakes during labor and birth.
People suffering from CP suffer from a lower quality of life. The severity of the symptoms may vary, but all have an impact on the ability to walk, move or communicate and carry out daily activities. They also experience discomfort and pain. Many suffer from difficulty dealing with their ailments and struggle to get the proper treatment they need.
Adults suffering from CP experience pain more frequently than the general population, and at greater intensities. It can interfere in everyday activities and can cause depression and mental stress. More than one third (35 percent) of people who suffer from CP experience moderate to severe pain.
An experienced CP attorney will fight for your child's rights and ensure you receive an agreement that covers all future damages and costs. Even if the injury occurred a long time ago, the case can be successfully taken to trial or an agreement you think is acceptable. Your legal team may use your medical records, as well as witness testimony or school records, as well as any other evidence that supports your CP injury claim.
Lifelong Costs
The medical needs of your child will be present throughout their life. If your CP was caused by medical malpractice, you should be paid for the ongoing cost of treatment and care. This includes medical costs and other expenses such as therapy and education, housing and equipment. Our CP attorneys will help you calculate the cost so that you can ensure that the correct amount in your settlement is included.
A cerebral palsy settlement is a financial agreement between the person who suffered the injury and the negligent health provider to resolve a case outside of court. Lawyers for both parties generally try to reach a dollar amount that both sides are happy with, so that there is no need for a trial. If the two parties are unable to reach an agreement or a settlement, the case will be referred before a judge to be decided by a judge or jury.
Your attorney will help you create a strong case for your family by obtaining evidence of the injuries your child sustained and how the doctor's actions during, prior to and after birth caused the injury. They will also show that the doctor did not adhere to the accepted norm of care for a birth injury. This will include examining your child’s medical records, bringing expert witnesses in, and showing that the doctor’s mistakes directly contributed to your child's CP. They will also quantify the pain and suffering of your child, and the impact on their life.