Find a Cerebral Palsy Attorney Near You
Cerebral palsy attorneys are a subset of personal injury lawyers that specialize in cerebral palsy medical malpractice lawsuits. These lawyers give families the opportunity to pursue legal action to receive the financial compensation needed to pay for their child’s medical expenses.
Cerebral palsy lawyers have experience and expertise in birth injury cases. The best cerebral palsy lawyers work at specialized birth injury law firms across the nation.
Get a free case review to learn more about finding a cerebral palsy attorney in your area.
Do you suspect your child’s birth injury was caused by medical malpractice?
Cerebral Palsy and Medical Malpractice
In some cases, cerebral palsy is caused by preventable medical errors during childbirth.
Causes of cerebral palsy include:
- Brain injury/brain damage
- Delayed cesarean section (C-section)
- Lack of oxygen (hypoxia)
- Misuse of forceps or vacuum delivery
- Umbilical cord injuries
- Unaddressed fetal distress
- Untreated infections
- Untreated jaundice
Medical professionals have an obligation — and have undergone extensive training — to safely deliver babies during difficult births. When these medical professionals do not uphold a high standard of care and cause a preventable birth injury, you may be eligible to file a lawsuit for medical malpractice.
How Can a Cerebral Palsy Attorney Help Me?
There are many benefits to working with a cerebral palsy lawyer to file your medical malpractice claim, the first being helping your family access compensation.
According to the Centers for Disease Control and Prevention, the average lifetime cost of medical care for an individual with cerebral palsy is over $1 million. Cerebral palsy attorneys will work to secure your family financial compensation to pay for your child’s treatment and ensure they are getting the quality care they deserve.
Cerebral palsy legal compensation can pay for:
- Adaptive transportation equipment
- Assistive devices
- Lost wages if parents had to quit their job to provide full-time child care
- Mobility aids
In order to win your case and get compensation for your family, your cerebral palsy lawyer must prove your child’s condition was caused by medical negligence. They will collect important information about the timeline of events that led up to your child’s injury, including medical records, electronic fetal monitoring records, expert testimonials, and more.
Your cerebral palsy lawyer will file your claim and take on all the stress of the legal process so you can focus on caring for your child.
How to Find the Best Cerebral Palsy Lawyers
There are several factors to keep in mind when choosing a cerebral palsy lawyer to represent your case.
The best cerebral palsy lawyers work on a contingency fee basis, meaning they will not charge any upfront costs and will represent you free of charge. Your lawyer will only get paid a small percentage of your earnings if you win your case. Birth injury attorneys will not get paid if you lose your case.
Experience and Expertise
Top cerebral palsy attorneys will have years of experience and success in cerebral palsy lawsuits. It is important to find a lawyer that specializes in cerebral palsy cases so you have the best chance at securing compensation.
Ask your cerebral palsy lawyer to provide examples of settlements or trial verdicts that they have won for families with similar cases. This information can give you a better idea of their level of experience and expertise.
The best cerebral palsy attorneys work at national birth injury law firms with a multitude of resources and data from medical experts to build your case.
Federal, state, and local guidelines can affect your ability to file a case and access compensation. Attorneys at national law firms can navigate your state’s statute of limitations to ensure your claim is valid and filed in a timely manner.
Experienced cerebral palsy lawyers at national law firms are available in hundreds of offices across the country, so you will be able to connect with an attorney in your area.
Every client has a unique case that deserves to be treated with care and respect.
Your cerebral palsy attorney should be communicative and happy to answer any of your questions or concerns. A top lawyer will build a strong attorney-client relationship to help your family get the justice you deserve.
What to Expect When Working With a Cerebral Palsy Lawyer
You can expect cerebral palsy lawyers to handle all of the complex work of your cerebral palsy lawsuit. The lawsuit process will officially begin once you have a free consultation and your lawyer has established your case value.
Although every case is different, most cerebral palsy lawsuits follow a similar pattern:
- Filing: After your free case evaluation, the birth injury lawyer will file your claim. You are the plaintiff and the medical professional and/or hospital allegedly at fault is the defendant.
- Discovery: Both legal teams investigate and gather evidence such as written documentation, expert testimonies, and witness accounts to try and prove their cases.
- Mediation: Both legal teams present their evidence in an attempt to reach a settlement without going to trial. A judge, or another third-party mediator, may be brought in to assist.
- Settlement: If the cerebral palsy lawyer has built a compelling case, the defendant will likely offer a settlement. Your lawyer will negotiate for the highest possible compensation amount, and the lawsuit will end if a settlement is reached.
- Trial: If the case does not end in a settlement, it will go to trial. Both legal teams will argue their client’s case, and a judge or jury will then determine a winner.
According to Black’s Law Dictionary, about 95% of all personal injury lawsuits end in a pre-trial settlement.
Cerebral palsy cases can take anywhere from a few months to several years to resolve.
Most cerebral palsy attorneys prefer settling out of court since it is the quickest way to resolve a claim. Trials are time-consuming and may add years to the lawsuit process. Additionally, if the judge or jury does not rule in your favor during a trial, you will not receive compensation at all.
Get a Free Cerebral Palsy Case Review Today
Your child deserves the best quality of care to treat their cerebral palsy. Working with a cerebral palsy lawyer can help you and your child get the financial compensation you deserve.
If you believe your child’s cerebral palsy was caused by medical negligence, you may be eligible for financial compensation.
Cerebral Palsy Lawyer FAQs
When can you sue a doctor or hospital for cerebral palsy?
If you believe a preventable medical error led to your child’s cerebral palsy diagnosis, you may be able to sue a doctor and/or hospital for medical malpractice.
It is important to take legal action and contact a cerebral palsy lawyer as soon as possible. Each state has a statute of limitations that puts a time limit on how long you have to file a lawsuit. You will lose your right to sue for this birth injury if you file after the statute of limitations expires.
How much does a cerebral palsy lawyer cost?
A cerebral palsy attorney will not charge any upfront legal fees. Your lawyer will only get paid if you win your case and are awarded financial compensation.
Your lawyer will collect a small percentage of your compensation to cover fees. The percentage collected can vary by lawyer, so it is important to discuss this with your attorney.
How much compensation can a cerebral palsy lawyer help you receive?
The amount of compensation received from a cerebral palsy case can vary based on the severity of the victim’s condition. According to the TDC Group, the average payout for medical malpractice claims for children under one month old was almost $1 million.
Your cerebral palsy attorney will determine your case value and try to secure the highest amount of compensation possible.