How to File a Cerebral Palsy Lawsuit
Cerebral palsy can be caused by brain damage as a result of medical negligence during childbirth. In these cases, you may be able to pursue compensation for your child’s preventable birth injury.
The first step in filing a lawsuit for cerebral palsy is to connect with an experienced lawyer for a free consultation. Your lawyer will determine your case value and identify whether you have a valid cerebral palsy lawsuit case.
Why Should I File a Cerebral Palsy Lawsuit?
Some cases of cerebral palsy are preventable, especially if they were the result of medical malpractice.
Examples of medical malpractice resulting in brain injury and cerebral palsy include:
- Failing to perform a C-section in a timely manner
- Failing to properly respond to problems with the placenta and umbilical cord
- Improperly handling the baby during delivery
- Improperly responding to a medical emergency during delivery
- Improperly responding to infant distress and lack of oxygen (hypoxia)
- Using excessive force with forceps or vacuum delivery
A cerebral palsy medical malpractice lawsuit may help families receive life-changing financial compensation. This compensation can be used to pay for your child’s cerebral palsy treatment, as your child may require a lifetime of care depending on the severity of their condition.
According to the Centers for Disease Control and Prevention (CDC), lifetime care for a child with cerebral palsy is estimated to cost over $1 million.
Cerebral palsy lawsuit financial compensation can help pay for:
- Assistive devices
- Educational needs
- Mobility aids
- Nursing care
- Transportation modifications
Compensation awarded in a cerebral palsy injury lawsuit allows your child to receive high-quality care to help them live a long, happy life.
Average Cerebral Palsy Settlement and Verdicts
Cerebral palsy lawsuit settlements and verdict amounts are based on your case value. According to a study by the TDC Group, the average medical malpractice claim payout for children under one month old was $936,843.
It is important to file your claim as soon as possible to potentially receive the maximum amount of compensation to help pay for your child’s birth injury medical expenses.
Other Cerebral Palsy Lawsuit Benefits
Medical staff that did not uphold a high standard of medical care during the birthing process should be held responsible for their actions. Filing a cerebral palsy lawsuit can help parents find peace of mind knowing that justice was served.
Additionally, some families choose to file cerebral palsy lawsuits to raise awareness for other families. A lawsuit can make people aware of these instances of medical negligence. Other families who have suffered from the same type of injury may be encouraged to file their own lawsuit.
Do I Have a Cerebral Palsy Lawsuit Case?
You may be eligible to file a cerebral palsy lawsuit if you believe your child’s condition was caused by medical negligence.
Connecting with an experienced lawyer is the best way to find out if you are able to file a cerebral palsy lawsuit. An attorney will give you a free legal consultation to gather more information about the eligibility of your case.
Cerebral Palsy Lawsuit Case Values
A case value is an amount of compensation that is reasonable to resolve a lawsuit. Essentially, case values determine how much your case is worth.
An attorney at a cerebral palsy law firm will determine your case value by calculating your child’s past and future costs of treatments. Your lawyer will then seek this amount of money through a settlement.
Steps to Filing a Cerebral Palsy Lawsuit
Although every case is different, most cerebral palsy lawsuits follow a similar set of steps.
Your lawyer will evaluate your case by asking you questions and determining the potential value of your claim. If your lawyer decides your case is valid, you will enter into an attorney-client relationship.
Your legal team will then create a Life Care Plan, which outlines your child’s future treatment costs, to present to the opposing party. Once the plan is created, the cerebral palsy lawsuit process begins with the goal of seeking money for the expenses listed in your personalized plan.
2. Gather Evidence
Your cerebral palsy attorney will gather important information and evidence to show that your child’s cerebral palsy was caused by medical negligence.
Evidence collected during a cerebral palsy lawsuit case may include:
- Documentation that shows the exact series of the events before, during, and after birth
- Health complications and co-existing conditions caused by cerebral palsy
- Medical history outlining any risk factors or issues suffered during pregnancy
- Medical records showing signs of fetal distress, abnormal heart rate, or brain trauma
3. File the Lawsuit
Your attorneys will file your cerebral palsy birth injury lawsuit against the defendants, who are usually the doctor and/or hospital that delivered your child.
The defendants typically have around 30 days to respond to your complaint. If they deny paying you compensation, your lawsuit will then reach the discovery phase.
Both legal teams will gather more evidence to support their case during the discovery phase. Your lawyer may gather more documentation from medical experts and witness testimonies to prove your child’s cerebral palsy was preventable.
5. Settlement vs Trial
Your cerebral palsy malpractice lawsuit will either resolve in a settlement or a trial. Most lawyers prefer to seek compensation through a settlement since it helps your family receive money quickly, and trials can be costly and time-consuming.
According to Black’s Law Dictionary, around 95% of personal injury cases end in a settlement.
If the defendant does not agree to a settlement, your case will go to trial. The judge and/or jury will listen to arguments from both parties and determine a winner. If the court does not rule in favor of your claim, you will not win any compensation.
Your cerebral palsy lawyer will be able to determine the best way to resolve your medical malpractice case to help you get compensation as soon as possible.
Get a Free Cerebral Palsy Case Review Today
Take legal action if you believe your child developed cerebral palsy as a result of medical malpractice.
Working with an experienced legal team to handle your cerebral palsy lawsuit can help ensure your child has resources needed to receive the best care.
Get a free case review today to learn more about accessing financial compensation to help your family pay for life-changing cerebral palsy treatment.
Cerebral Palsy Lawsuit FAQs
Can you sue for cerebral palsy?
You may be able to sue for cerebral palsy if you believe the condition could have been prevented.
Medical malpractice occurs when a health care professional does not uphold a high standard of care. Your cerebral palsy case must prove that the medical professional that delivered your child committed medical malpractice that resulted in your child developing cerebral palsy.
How long do cerebral palsy lawsuits take?
Cerebral palsy lawsuits can take anywhere from several months to several years to resolve. Trials generally add a significant amount of time onto the lawsuit process.
Most lawyers will prefer to seek an out-of-court settlement since you will be able to get compensation quickly and avoid a time-consuming trial.
How much does it cost to file a cerebral palsy lawsuit?
Filing a cerebral palsy lawsuit should come at no cost to you. Birth injury lawyers work on a contingency fee basis and do not charge any upfront costs. Your attorney will take a small percentage of your earnings only if you win your case.
When should I contact a lawyer?
You should contact a lawyer as soon as possible to file a cerebral palsy lawsuit. The sooner you file your claim, the sooner you may be able to get financial compensation to pay for your child’s treatment.
All states have a statute of limitations that sets a time limit on how long you have to file your lawsuit. If you file after the statute of limitations expires, you will lose your right to sue forever.
Get a free case review today to see if you are eligible to file a cerebral palsy lawsuit.