Filing a lawsuit for cerebral palsy can be a complex process, requiring careful attention to detail and a strong understanding of the law. Avoiding common mistakes can increase your chances of a successful outcome. Here are the top five mistakes to avoid when filing a cerebral palsy lawsuit.
1. Delaying the Filing Process
Time is of the essence when filing a cerebral palsy lawsuit. Most states have a statute of limitations that limits the time frame in which you can file. Delays can jeopardize your case, especially as evidence and witness recollection can fade over time.
Tip: Start the legal process as soon as possible to ensure compliance with the statute of limitations and to preserve key evidence.
2. Not Collecting Comprehensive Medical Records
Medical records are crucial in proving medical negligence or malpractice. Failing to collect comprehensive records, including prenatal, delivery, and postnatal care documents, can weaken your case.
Tip: Work with your lawyer to gather all relevant medical records and documentation that may support your claim.
3. Failing to Hire a Specialized Attorney
Cerebral palsy cases involve complex medical and legal issues. Hiring an attorney without experience in medical malpractice or birth injury cases can result in missed opportunities or mishandling of crucial elements of the case.
Tip: Choose a lawyer who specializes in cerebral palsy or birth injury lawsuits to ensure expert handling of your case.
4. Underestimating the Long-Term Costs
Cerebral palsy often requires lifelong care, including medical treatments, therapies, and adaptive equipment. Failing to account for future costs in the lawsuit could leave your family financially strained.
Tip: Include expert testimony and medical evaluations to project future costs and ensure adequate compensation.
5. Settling Too Quickly
Insurance companies may offer a quick settlement to avoid a lengthy trial. While this might seem tempting, accepting an offer without fully understanding the long-term impact of your child’s condition can result in inadequate compensation.
Tip: Consult with your attorney before accepting any settlement offers to ensure they cover the full scope of damages, including future medical care and therapy.
Avoiding these common mistakes can significantly improve the chances of a successful cerebral palsy lawsuit. By working with an experienced cerebral palsy lawyer, gathering thorough documentation, and considering long-term costs, you can ensure the best possible outcome for your family. Contact Ask the Law Doc to discuss your options and receive expert legal guidance.