Cerebral Palsy Lawyer

Quick Answer

Birth injuries like cerebral palsy can have devastating physical, financial, and emotional consequences. When a child develops cerebral palsy because of a preventable medical error or action, the family has every right to pursue legal compensation. Working with a cerebral palsy attorney can help victims get the justice and financial support they deserve.

What Is a Cerebral Palsy Lawyer?

Cerebral palsy lawyers have dedicated their careers to helping families affected by medical malpractice pursue justice through the legal system. Experienced cerebral palsy lawyers give these families the opportunity to receive the financial compensation they need to pay for medical bills and other expenses.

Cerebral palsy legal compensation can pay for:

  • Adaptive equipment such as wheelchairs
  • Different types of therapy to improve quality of life
  • Lost wages if parents had to quit their job provide full-time child care
  • Surgery, medications, and other medical treatments
  • Any other expenses

Cerebral palsy lawyers pursue this compensation by filing legal claims against the doctors and/or health care providers that delivered the child.

These professionals have been trained to prevent birth injuries that cause cerebral palsy. If they make careless choices or preventable errors, an otherwise healthy baby may suffer from this debilitating condition for the rest of their life.

Skilled cerebral palsy attorneys are standing by to help you if your child developed cerebral palsy due to a doctor’s medical error.

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Cerebral Palsy and Medical Malpractice

Cerebral palsy can be the result of preventable birth injuries. Obstetricians and other health care professionals — in spite of years of training — sometimes make mistakes during difficult or complicated births.

Common situations that can result in cerebral palsy include:

  • Asphyxiation
  • Brain injury/brain damage
  • Delayed cesarean section (C-section)
  • Unaddressed fetal distress
  • Untreated infections
  • Misuse of forceps
  • Lack of oxygen
  • Umbilical cord injuries
  • Untreated jaundice

Medical professionals have an obligation to act appropriately, even in difficult or stressful situations, to prevent foreseeable injuries. In cases where they fail to do so, it can be considered a breach of duty of care. Proving that this breach has occurred is the first step in building a case for medical malpractice or negligence.

How Does a Cerebral Palsy Attorney Help?

There are numerous benefits to working with a cerebral palsy attorney.

Children with cerebral palsy may need millions of dollars in medical care during their lifetime. Working with an experienced cerebral palsy attorney helps victims receive the highest possible amount of compensation, ensuring that they get the quality care they deserve.

Cerebral palsy attorneys can also help you understand your legal options, build a medical malpractice case, and file a lawsuit without error.

Cerebral palsy lawyers can:

  • Establish the facts: Exactly where and when did the injury occur? What caused the injury? Who is at fault?
  • Gather documentation: Hospital/OB-GYN records, electronic fetal monitoring, and expert testimonials all make a difference when building a case. A good cerebral palsy attorney knows where to look to find important information and can organize it in a compelling way.
  • File the claim: Errors or delays in filing the correct paperwork can be costly and time-consuming. Working with an expert familiar with the legal system — and cerebral palsy cases in particular — can prevent issues and reduce stress.

Further, cerebral palsy lawyers give families a fighting chance to prove their case. Legal teams working for doctors and hospitals often try to discredit legitimate claims and protect their clients. Families affected by cerebral palsy need equally dedicated and experienced legal help to disprove the opposing side’s case.

What to Expect When Working With a Cerebral Palsy Lawyer

You can expect cerebral palsy lawyers to handle nearly all of the complex work that a birth injury lawsuit brings so you don’t have any additional stress. Your attorney will help you every step of the way.

After the initial contact, a cerebral palsy attorney will study the facts and do some basic investigation to determine the value of your case. Once this initial investigation is complete and the case value has been determined, the lawyer will determine whether to accept the case.

If accepted, most cerebral palsy lawsuits follow a similar pattern:

  1. Filing: The cerebral palsy lawyer files the claim on behalf of their client, who becomes known as the plaintiff. The defendant — usually a medical practitioner or hospital — must then file a response.
  2. Discovery: Legal representation for the plaintiffs and defendants investigate and gather evidence. Records and documentation are gathered, expert testimony may be sought, and witness interviews will likely occur during this time. Cerebral palsy lawyers will use their evidence to try to prove the defendant’s actions caused the child’s cerebral palsy.
  3. Mediation: The legal teams present their evidence in an attempt to reach a solution without going to trial. Lawyers typically try to avoid trials because they take longer, and a win is not guaranteed. A judge, or another third-party mediator, may be brought in to assist.
  4. Settlement: If the cerebral palsy lawyer has built a compelling case, the defendant will likely offer a settlement. Good cerebral palsy lawyers will negotiate the best possible settlement offer on behalf of their client. Many cases end here. According to Black’s Law Dictionary, about 95% of all personal injury lawsuits end in a pre-trial settlement.
  5. Trial: If the final settlement offer is rejected — or if no settlement is offered — then the case goes to trial, where the lawyers will argue the case on behalf of their clients. A judge or jury will then determine a winner.

Cerebral palsy cases can take anywhere from a few months to several years to resolve. Settling out of court is the most efficient way to resolve a claim, although it may not yield as much compensation as a trial verdict.

An experienced birth injury attorney can help their client choose the best method for resolving their individual case.

Choosing a Cerebral Palsy Birth Injury Lawyer

There are a number of important factors to keep in mind when choosing a cerebral palsy lawyer. Below, learn more about finding the right attorney for your case.

Cost

It’s important to pay attention to how a lawyer structures their fees and payment schedule. Top cerebral palsy attorneys work on a contingency basis. This means the lawyer takes a portion of the money they secure for a client, but only if the case is successful. If the client doesn’t get paid, neither does their lawyer.

However, some lawyers expect payment upfront regardless of the result. They may charge an hourly rate or a flat fee. This can be risky because there is no guarantee of compensation, so clients can end up losing money.

Experience and Expertise

When it comes to filing a cerebral palsy lawsuit, experience matters. Clients should look for a cerebral palsy attorney who has a long history of success with this type of case.

See if the cerebral palsy lawyer you want to work with can provide examples of settlements or trial verdicts they have secured for other families. This can give you a better idea of their level of experience.

Location

Choosing a cerebral palsy lawyer who works at a national law firm is more than just convenient — it’s an important factor that can make a difference in your case.

Federal, state, and local laws can all affect your ability to file a case and access compensation. Attorneys at national cerebral palsy law firms can prevent these laws from negatively affecting your case.

They may also be able to draw on information they have gathered from past cases to strengthen yours. Local attorneys with more general experience may not have these resources easily available.

Many national law firms have local offices across the United States, which allows them to offer clients the convenience that comes from working locally while also providing the resources of a major firm.

Relationship

Every case — and every client — deserves to be treated with care and respect. A lawyer should be communicative and happy to answer questions and concerns. Good cerebral palsy lawyers are always eager to seek justice for their clients.

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Cerebral Palsy Lawyer FAQ

When can you sue a doctor or hospital for cerebral palsy?

It’s important to act as soon as possible because laws known as statutes of limitations prevent medical malpractice lawsuits from being filed after a certain period of time has passed. The statute of limitations varies from state to state.

Families who believe their children may be suffering from cerebral palsy caused by a birth injury must move quickly to pursue a diagnosis and seek justice.

How much does a cerebral palsy lawyer cost?

The cost of hiring a cerebral palsy lawyer can vary widely. Experience, success rate, and location all play a significant part in determining how much a cerebral palsy attorney may charge.

According to the American Bar Association (ABA), lawyers that work on a contingency basis typically take about one-third of the compensation they secure.

This amount can vary depending on the agreement that you have with your lawyer and other factors, such as if the case goes to trial. Ask a lawyer about how much they will charge for their services before you agree to work with them.

How much compensation can a cerebral palsy lawyer help you receive?

The amount of compensation received from a cerebral case can vary based on the severity of the victim’s condition. Some victims have been awarded millions to provide care and reparations for suffering.

Cerebral palsy settlement and trial award amounts include:

  • $5.8 million secured for a 1-year-old child
  • $9 million won for a 5-year-old child
  • Over $4 million awarded for a 7-year-old child

Your cerebral palsy attorney can analyze the facts of your case and try to secure the highest amount of compensation possible.

Find a Cerebral Palsy Attorney Near You

A cerebral palsy diagnosis can be frightening, and medical costs can place a heavy burden on families. Working with a cerebral palsy lawyer can help you and your child get the financial compensation you need and deserve.

If you believe your child’s cerebral palsy may be linked to a birth injury caused by medical negligence or malpractice, don’t hesitate to reach out for a free case review. Our team can analyze the facts of your case and connect you with a cerebral palsy lawyer if you qualify.

Birth Injury Support Team

The Birth Injury Justice Center was founded in 2003 by a team of legal professionals to educate and empower victims and families affected by birth injuries. Our team is devoted to providing you with the best resources and legal information for all types of birth injuries.

View 6 Sources
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  2. Cerebral palsy. (2019, August 17). Retrieved December 14, 2020, from https://www.mayoclinic.org/diseases-conditions/cerebral-palsy/symptoms-causes/syc-20353999
  3. Martz, M. (2019, January 11). Family's ordeal leads to state paying U.S. $20.7 million settlement over birth-injury program. Retrieved December 14, 2020, from https://richmond.com/news/plus/family-s-ordeal-leads-to-state-paying-u-s-million/article_f2c6b33c-fe2e-50b2-bf3d-eaa8110af4f8.html
  4. Sartwelle, T. P., & Johnston, J. C. (2014). Cerebral Palsy Litigation. Journal of Child Neurology, 30(7), 828-841. doi:10.1177/0883073814543306
  5. Yerak, B. (2018, June 12). Jury hits U. of C. hospital with $53 million malpractice verdict. Retrieved December 14, 2020, from https://www.chicagotribune.com/business/ct-u-of-c-malpractice-verdict-0701-biz-20160630-story.html
  6. The Law Dictionary. (2020). What Percentage of Lawsuits Settle Before Trial? What Are Some Statistics on Personal Injury Settlements? Retrieved December 28, 2020, from: https://thelawdictionary.org/article/what-percentage-of-lawsuits-settle-before-trial-what-are-some-statistics-on-personal-injury-settlements/#:~:text=According%20to%20the%20most%20recently,by%20a%20judge%20or%20jury
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