Kansas Statute of Limitations

As with other personal injury claims, Kansas has a two-year statute of limitations for cerebral palsy claims. The clock begins running on the date of the injury or the date the injury was discovered. If you miss the deadline, you are no longer able to receive any compensation, so it is essential that you contact lawyers to help you. Our Kansas cerebral palsy lawyers can give you specific deadlines for your case.

Compensation in Cerebral Palsy Cases

Damages You Can Claim

How much compensation you may be able to get to care for your child’s needs now and in the future depends upon the losses you sustained and the damages you claim. For birth injury claims, you can file for economic and non-economic damages. Economic damages compensate you for financial losses. These include:

• Medical bills, including for doctors, rehabilitative therapy, and assistive devices

• Home modifications and adaptive equipment

• Long-term nursing care for your child.

With injuries as serious as cerebral palsy, it is common for economic damages to also cover future medical care. We can help you calculate these expenses to get the coverage you need for your child. There are no caps on the economic damages you can claim.

Non-economic damages are subjective and are meant to compensate you and your child for pain and suffering as well as loss of quality of life. The severity of the condition will affect the amount of non-economic damages you can claim. Remember that Kansas does have some limitations on the amount you can recover for non-economic losses. With our guidance, you will know what you can claim.

In instances when the physician’s actions were particularly egregious or malicious, the court can also grant punitive damages. These are meant to punish the person at fault, and they are rarely awarded. If we think that you are entitled to them, however, we can seek punitive damages.

What you may be able to get will depend on the individual circumstances of your case. It can be complicated to arrive at a claim value in cases of birth injuries. Both current and future costs related to your child’s injuries must be factored into the claim, and it can be difficult to determine what care may be needed in a lifetime. We understand the complexities of determining adequate compensation in these cases and will consult with life-care planning professionals, medical experts and other knowledgeable individuals to arrive at a figure that will fairly pay you for the losses you and your child have suffered.

Cerebral Palsy Lawyers Answer FAQs

Cerebral palsy is a complex condition and one that can cause lasting damage. To help inform you about the cerebral palsy claim process, here are answers to questions we commonly hear.

What causes cerebral palsy?

According to the National Institutes of Health, cerebral palsy is caused by damage or abnormal development in the parts of the brain that control movement. One common cause is a lack of oxygen for the baby during delivery. Umbilical cord issues, trauma to the baby’s head during labor and delivery, uterine rupture, infections while in the womb and other problems during birth can also cause it.

What are symptoms of cerebral palsy?

The Mayo Clinic website says that symptoms of cerebral palsy include difficulty with movement and muscle coordination, problems speaking and eating, developmental delays, seizures and other issues. You may notice that your child is very irritable most of the time or that they do not react to people around them. In some instances, the baby can also have a “floppy” appearance. This means their muscles might not have the normal definition.

How will you determine that the doctor caused my child’s cerebral palsy?

We will examine your medical records and those of your child to discover if errors may have been made before, during or after birth that could have caused injuries. We may also retain medical malpractice expert witnesses to assess the evidence and testify on your behalf. Not all medical errors are malpractice.  Sometimes mistakes are out of a doctor’s control. The key to a successful claim will be proving that negligence caused your child’s cerebral palsy and not a reasonable mistake.

How do you prove negligence?

To prove negligence we must show that the medical professional owed you and your child a duty of care and they breached it. That will require solid evidence and, usually, the assistance of expert medical witnesses who can offer corroborating testimony. We will need to show that the person acted in a way that other competent professionals would not have, and this led to the injuries.

The next step is to establish that the medical professional’s actions or inactions caused the injuries that your child is suffering and that your family can receive compensation for them.

Will my medical malpractice claim go to trial?

The majority of medical malpractice cases are settled outside of trial through negotiations between lawyers and insurers. Sometimes cases go to court but settle during trial; in other situations, they go all the way to a jury verdict. When we handle your case, we will work to get the best possible outcome based on the factors in your matter. We will never shy away from taking your case to court if that is the best option for your child and for you.

For answers regarding your specific case, contact our firm directly to speak with an experienced cerebral palsy lawyer.

Reach Out to a Knowledgeable Cerebral Palsy Attorney for Help

Welcoming a new child should be a time of great joy. If a medical error has harmed your child, then that joy can quickly turn to anger and sadness. You may not know what your next steps should be or how you will manage the expenses associated with serious birth injuries like cerebral palsy. There is help out there.

At Palmer Law Group, we offer the support and guidance you need during this devastating moment. We treat all of our clients with compassion and respect, ensuring that they feel at ease when speaking with us. To make communications even easier, know you can always reach us, no matter what time of the day it is.

Our law firm can seek compensation from the party who caused your child’s injuries, which can help relieve the financial stress you may be  facing. Our knowledge of Kansas law as well as our dedication to advocating for you in front of insurers and in court can help you obtain the compensation you and your child deserve.

Call us today to schedule a free consultation with an empathetic cerebral palsy attorney in Kansas.