You know how much your child has at stake. A successful cerebral palsy lawsuit could compensate your child for past and future medical costs, physical pain, emotional suffering, out-of-pocket costs, lost income, adaptive equipment, and other needs. However, if your child’s cerebral palsy lawsuit is unsuccessful, you won’t get the compensation to which you are entitled. All of your child’s needs will be paid for by your family, your health insurance, and, potentially, government benefits for which your child qualifies.
You Don’t Want to Make a Mistake
You are doing everything to protect your child, and you don’t want your mistake to prevent your child’s fair recovery in a cerebral palsy medical malpractice lawsuit. Accordingly, it is important to avoid common mistakes, such as:
- Waiting too long to take action. Kentucky law imposes a statute of limitations on cerebral palsy birth injury lawsuits. In most cases, you have just one year to file a lawsuit. Your time does not begin at birth, but rather the clock starts when you found out, or should have known about, your child’s cerebral palsy. If you fail to file your case in a Kentucky court before the statute of limitations expires, the defendant will file a motion to dismiss with the court. The court will grant that motion if you missed the statute of limitations deadline, and the case will be dismissed without any financial recovery for your child.
- Waiting too long to preserve evidence. Your child may have a cerebral palsy diagnosis, but not everyone with cerebral palsy should file a lawsuit. To prove your case, you will need evidence of a birth injury caused by medical malpractice. Often, this evidence is not in your control. The sooner you contact an attorney to start your case, the sooner your lawyer can make sure that all relevant evidence is preserved.
- Failing to think about the future. You have a lot on your plate right now. You have a young child with special needs and you may have other children, work responsibilities, and other family responsibilities. It can be overwhelming to think about the future. However, you can make your child’s future easier by taking legal action now. Otherwise, you will lose your window for taking action on behalf of your child. By the time your child turns 18 and has the right to file a case, all relevant evidence may be gone, and it may be impossible to make a fair recovery.
- Using social media. Anything you post about your experiences during labor and delivery may be misconstrued and used against you. For these reasons, it is important not to post on Facebook, Instagram, Snapchat, or other forms of social media, and it is essential to regularly monitor your accounts in case anyone else tags you in a post.
These are only some of the mistakes that could impact your child’s recovery. Other errors could also end your child’s case without a fair recovery. We don’t want this to happen to your child.
Let Our KY Cerebral Palsy Legal Team Help You
The stress of worrying about making a mistake in something as important your child’s cerebral palsy lawsuit may be overwhelming, but you don’t have to do this alone. Our experienced Kentucky cerebral palsy lawyers and staff nurse will guide you every step of the way. From the time you first contact our office until your child’s case is over, we will make sure that you are well taken care of and that you never have to worry about doing the wrong thing.
We don’t take every case that comes to us because we want to provide personal attention to every client we represent. When you hire Gray and White Law, you are hiring the entire law firm – not just one attorney.
Call us today to discuss your child’s potential cerebral palsy case and to learn how we may work together for the benefit of your child. Your first consultation is always free, and we are proud to offer you our No Fee Policy, which means you won’t owe us anything unless your child recovers money. Call us or start a live chat with us any time—24/7/365—to learn more.