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How to Make a Cerebral Palsy Legal Claim Recovering compensation in a cerebral palsy case requires a number of steps. The goal is to secure damages in money for your child's suffering and the expenses your family has faced since their CP diagnosis. The process involves the proof that medical negligence or malpractice was the cause of your child's CP. In a no-cost consultation with your lawyer, they will review the specifics of your case and then begin gathering evidence. Legal Issues Cerebral Palsy is a cause of a wide variety of cognitive and physical issues that can lead to lifelong care needs. Medical bills can be a burden for any family. If your child's cerebral paralysis was the result of medical errors which could have been avoided and prevented, you could be eligible for compensation. A lawyer who has handled cerebral palsy cases will be able to help you determine whether your child's illness is caused by medical negligence and whether it's possible to bring a suit. The lawyer will go over your child's medical records and birth information, and collect any additional evidence including imaging scans and testimony from family members or medical professionals. Once your lawyer has gathered enough evidence, he will send a letter of demand to the defendants, asking them to pay for both you and your child. If cerebral palsy lawsuit dothan don't accept a settlement, they may face a trial where they could be found guilty of malpractice. Many lawyers suggest settling out of court to cut down on time and eliminate the stress of a trial. A settlement can also help your family pay for treatment earlier. Your lawyer will fight for the best result if a trial is required. This could include a settlement to your child for the past and future income loss as well as pain and suffering and other damages. Statute of Limitations Cerebral palsy may cause permanent and life-changing disabilities. It can affect movement, co-ordination and balance in addition to secondary issues like secondary musculoskeletal issues hearing and speech, vision and learning. It could also affect the cost of living medical expenses and other special equipment. Compensation claims can help pay for the initial and ongoing costs of care, rehabilitation, and support. A large amount of money can make a big difference to the family's lifestyle and their future plans. However, it won't solve the problems or change what happened to your child this is why it is important to seek legal advice immediately. Every state has a statute of limitations that sets a window of time after an event that you are able to bring a lawsuit. The limitations are different, but it is always best to consult with a lawyer early in the process to ensure that your case does not get lost in the process. Your Kansas City cerebral palsy lawyer must be able to prove, when submitting an action for malpractice that the healthcare professional's conduct fell below what is considered normal or acceptable in their profession. To determine this, the attorney will investigate what other healthcare professionals with similar backgrounds and education would have done under similar circumstances. This is known as the standard of care. Preparing a Lawsuit When your child is diagnosed with cerebral palsy, the devastating effects of this medical condition can be overwhelming. This is especially so when families are trying to pay the high cost of care. Fortunately, it may be possible to obtain compensation if your child's CP was caused by medical negligence during pregnancy or birth. A top cerebral palsy lawyer will examine the medical records of your child to determine what actions should have been taken by a healthcare professional to prevent injury. Our lawyer will create the necessary paperwork required to file lawsuits if it's determined that a mistake or error made by an healthcare professional led to your child's CP. We will also seek the assistance of medical experts who will conduct an in-depth review of your child's situation. After a lawsuit is filed and the defendants are served with a specific amount of time to respond to your complaint. During this time both parties will exchange formal requests for documents or evidence, also known as interrogatories and depositions. Our legal team understands that it's hard to focus on the health and well-being of your child when you are struggling to pay for the rising costs of child care. We work on the basis of a contingent fee that means you only pay for our legal fees if we can win you an award in the form of money. Filing a Lawsuit Cerebral palsy is not progressive and affects posture as well as balance, movement coordination and balance. The treatment for CP can include medications and surgeries, as well as assistive technology and other therapies. These expenses can quickly add up, causing financial stress to families. A cerebral palsy lawyer can assist families in obtaining compensation that could change their lives by covering medical costs. A legal claim can help a family afford an enviable, stable and safe home for their child as well as give them a comfortable home and a stable environment. In the course of filing a lawsuit, your lawyer will gather documents to back your case. These documents could include photos of the child's birth and medical records of your mother during her pregnancy, and delivery and testimony from witnesses. Your lawyer will also engage an expert in medical to analyze the facts of your case. After a thorough review your lawyer will begin a lawsuit against healthcare professionals responsible for the birth injury to your child. This is usually done at a local courthouse. Some cases are settled by an agreement to settle the case that does not need to go to trial. It is generally better to avoid the emotional turmoil that can result from reliving the tragic birth experience, and then hearing the testimony of witnesses at trial. A settlement can give a family the cash they need faster.