Cerebral palsy is a neurological disorder affecting movement and posture. This condition can be caused by many factors, such as infection, trauma, or exposure to toxins. If someone close to you has CP and you believe someone else’s negligence caused it, you may be considering taking legal action.
Read ahead to know all about cerebral palsy law suits and what to expect from the legal process.
What Are Cerebral Palsy Lawsuits?
These lawsuits are civil actions that individuals with cerebral palsy or their families take to recover damages for injuries arising from medical negligence. These suits typically allege that the defendant’s physician failed to provide standard care during the plaintiff’s pregnancy, delivery, or early childhood development, resulting in an increased risk.
In some cases, families may also sue for wrongful death if their child dies due to complications related to cerebral palsy. While money can ever fully compensate for the harm caused by this condition, these lawsuits can help families cover the costs of medical care and other needs associated with it.
In addition, these suits often bring much-needed attention to the issue of medical negligence, leading to improved safety standards and better outcomes for other families.
When to File a Lawsuit?
The statute of limitations, or the time limit in which you are allowed to file a lawsuit, varies from state to state. In most states, you must file suit within two years of the date on which the injury occurred.
However, because cerebral palsy is often diagnosed much later than the date of injury, many states have enacted “tolling” statutes that extend the filing deadline in these cases. You may still be able to file a lawsuit even if your child is diagnosed after the statute of limitations has expired.
It’s worth noting that while many states have tolling statutes for cerebral palsy cases, they are often very complex and can be challenging to navigate. Suppose you are considering filing a lawsuit for a cerebral palsy case -it is crucial to speak with an experienced attorney who can help you understand the laws in your state and determine whether you have a valid claim.
How to Get Started with a Lawsuit?
In the event of seeking help for the wrongdoing of a medical practitioners, the first step is to contact an experienced personal injury attorney who specializes in these types of cases.
You will be required to provide the attorney with your medical records and any other evidence that supports your claim. Once the attorney has reviewed your case, they will be able to tell you whether or not you have a strong case and what kind of damages you may be able to recover.
If you resolve to move forward with a lawsuit, the next step will be filing a civil court complaint. This document will outline your allegations against the defendant and state what kind of damages you seek.
After the filing of the complaint, the defendant will have an opportunity to respond. The case will then proceed through the discovery process, during which both sides will gather evidence and take depositions.
If the case goes to trial, the jury will hear arguments from both sides and decide whether the defendant is liable for the plaintiff’s injuries. If the jury finds in favor of the plaintiff, they will award damages accordingly.
How to Find the Right Attorney?
If you or someone close to you has been diagnosed with cerebral palsy due to medical malpractice, the best step to take is to file a suit against the responsible party to make up for the damages you have suffered. For this, the best way to find an attorney is to contact a local personal injury firm that specializes in these types of cases.
You can also explore your options for an attorney by searching online or asking friends and family for recommendations. It is good to work with a professional who has experience handling lawsuits dealing with cerebral palsy.
After narrowing down on a few potential attorneys, schedule consultations so you can learn more about their experience and whether they think you have a strong case.
What Are the Possible Outcomes of the Lawsuit?
The possible outcomes of cerebral palsy lawsuits depend on the facts of the case and the strength of your evidence.
If your case is strong and the jury finds it in your favor, you may be awarded damages for your medical expenses, pain and suffering, lost wages, and other losses.
However, if your case is not as strong or the jury does not find it in your favor, you may not be awarded any damages.
No matter the outcome of your case, filing a lawsuit can help bring attention to the issue of medical negligence and improve safety standards for other families.
While there is no guarantee of success, filing a lawsuit can help you recover damages to cover the costs of medical care and other expenses associated with the condition. It is therefore advisable to look for the best legal help to fight for justice.