Things You Need When Filing for a Cerebral Palsy Compensation Claim

Cerebral Palsy CompensationCerebral palsy compensation is available to help parents with the overwhelming expenses of raising and caring for a child with cerebral palsy. As this is a lifelong disorder, the expenses involved in the said brain disorder are permanent. This is why it is just important to get compensation if your infant has developed injuries due to someone else’s negligence.

When filing a compensation claim, you need to get a few things in order. Evidence is necessary, as well as legal representation to help make the process smoother.

Doctor/Patient Relationship

For you to have a valid claim, you need to have doctor/patient relationship or an agreement that the physician would care for you before, during, and after pregnancy. For the most part, the health practitioner who delivered your baby is the one you have a doctor/patient relationship with. This relationship, however, may not occur if you don’t have a regular doctor or if several doctors give you advice.

The Doctor was Negligent

You need to have a proof that the doctor has been negligent, which caused your baby to develop cerebral palsy. Careless mistake or medical negligence that can result in cerebral palsy may include failure to diagnose other medical issues, incorrect use of vacuum extraction or other tools during delivery, and delay in delivering the baby, leading to oxygen deprivation. You need the help of a cerebral palsy lawyer to establish your case.

Proof of Injury

After establishing the doctor’s negligence, you need to have a proof that the careless mistake is what caused your infant’s cerebral palsy. In most cases, once the negligence is established, the proof of birth injury follows. Your lawyer will then help you file a suit against liable parties.

Follow Statute of Limitations

It is important to know and follow the statute of limitations in your state when filing for a claim. Some may allow filing two to five years after the injury while others may only allow six to 12 months after. If your lawsuit is not done within a specific period, you may not be able to file a claim. Some states, however, allow kids with cerebral palsy to file for their own when they reach 18.

Obtain financial help when caring for a child with cerebral palsy by filing a lawsuit. Get the right legal assistance to help you navigate the case and get the compensation you deserve.