Cerebral palsy can cause lifelong damage to your child and your family’s finances, but you’ll have a short window within which you can seek compensation for it. In the State of Nevada, parents have until their child is ten years of age to bring forward a lawsuit for cerebral palsy.
For most cases of medical malpractice, parents will have just three years to file a lawsuit and one year after their discovery of the injury or the point at which they should have reasonably discovered it. Cerebral palsy receives this special extension because it’s a case involving brain damage, and it may not be apparent at birth.
How Do I File a Lawsuit for Cerebral Palsy in Nevada?
If you’re filing a cerebral palsy lawsuit in Nevada, it will be considered a medical malpractice case. While the process can be lengthy, an experienced birth injury lawyer can help you navigate it. If you are still within the statute of limitations for your case, your lawyer can identify the best path forward.
Determine Potential Damages
Once you’ve decided to proceed with a case, your lawyer can collect all necessary documentation from the hospital and any other sources involved to determine your damages. Nevada places a cap of a maximum reward for non-economic damages in a medical malpractice case of $350,000.
You may seek compensation for the following from a cerebral palsy case:
- Cost of medical care
- Lost wages
- Pain and suffering
- Lack of independence
Speak With a Medical Professional for an Affidavit of Merit
Nevada requires those who are filing a cerebral palsy lawsuit to first file an affidavit of merit that shows that their case is not frivolous. This document demonstrates that a medical professional believes your case has merit and can proceed.
Beginning Your Lawsuit
Once the affidavit of merit has been submitted, your lawyer can then file your actual lawsuit with your specific complaints against your medical care provider. This is often the first step of a process that can last anywhere from several months to several years, Go to this website to learn more about what you need to do to navigate all the Las Vegas courts.
Nevada requires those who are filing medical malpractice lawsuits to first participate in a settlement conference before taking the case to trial. This will take up a significant amount of resources for the parties involved as well as for the court system. Most cases are resolved at this point, but not all.
Should the settlement conference fail, your case will go to court, and it will be decided by a jury based on the evidence you and the defendants present.
Do I Need a Cerebral Palsy Lawyer?
While you can file and argue your case on your own, a lawyer can take care of much of the work of your case for you. They also won’t make costly mistakes that could cost you your case or prevent you from obtaining the maximum settlement. Overall, working with a lawyer can be a much more economical option than handling the case yourself, especially if you are your child’s primary care provider and you have a career.
Finding the right lawyer for your cerebral palsy case will shape the outcome of it. Research lawyers who are available in your area who specialize in medical malpractice cases involving cerebral palsy. A lawyer with a good track record for winning cases and who works closely with you can be a valuable partner through this process. They will also delay your payment until they have won your case, and they typically won’t charge you anything if they lose.