Cerebral Palsy Lawyer

Quick Answer

Cerebral palsy can affect children physically and emotionally for their entire lives. If your child developed cerebral palsy due to medical negligence, you may be eligible to receive financial compensation. Working with an experienced cerebral palsy attorney can help your family get the justice and financial support they deserve.

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Find a Cerebral Palsy Attorney Near You

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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.

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Cerebral Palsy and Medical Malpractice

In some cases, cerebral palsy is caused by preventable medical errors during childbirth.

Causes of cerebral palsy include:

  • Asphyxiation
  • 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?

Female lawyer writing in a book while working a case.

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
  • Medications
  • Mobility aids
  • Surgery
  • Therapy

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.

IS YOUR CHILD MISSING DEVELOPMENTAL MILESTONES?

Take Our Milestones Quiz

Taking note of your child’s physical, social, and emotional skills can help you determine if they potentially suffered from an injury at birth. An early diagnosis can help your child get the treatment they need as soon as possible.

Q1: How old is your child?

0-2 Months

3-4 Months

5-6 Months

7-9 Months

10-12 Months

13-18 Months

19-23 Months

24+ Months

0-2 MONTHS DEVELOPMENTAL MILESTONES QUIZ

  • Q2: Hold their head steadily on their own?
  • Q3: Push themselves up when they are lying on their stomach?
  • Q4: Start to make smoother movements with their arms and legs?
  • Q5: Smile at other people?
  • Q6: Bring their hands to their mouth?
  • Q7: Turn their head when they hear a noise?
  • Q8: Coo or make gurgling noises?
  • Q9: Follow things with their eyes?
  • Q10: Try to look at their parents or caregivers?
  • Q11: Show boredom, cry, or fuss when engaged in an activity that hasn’t changed in awhile?
BACKBACK0-2-years old child

3-4 MONTHS DEVELOPMENTAL MILESTONES QUIZ

  • Q2: Hold their head steadily on their own?
  • Q3: Push down on their legs when their feet are on a flat surface?
  • Q4: Start to roll over from their stomach to their back?
  • Q5: Hold and shake a toy such as a rattle?
  • Q6: Bring their hands to their mouth?
  • Q7: Play with people and start to cry when the playing stops?
  • Q8: Smile spontaneously, especially at people?
  • Q9: Copy some movements and facial expressions of other people?
  • Q10: Babbles with expressions and copy sounds they hear?
  • Q11: Cries in different ways to show hunger, pain, or being tired?
  • Q12: Respond to affection like hugging or kissing?
  • Q13: Follows moving things with eyes from side to side?
  • Q14: Recognize familiar people at a distance?
BACKBACK3-4-years old child

5-6 MONTHS DEVELOPMENTAL MILESTONES QUIZ

  • Q2: Roll over on both sides (front to back/back to front)?
  • Q3: Begin to sit without support?
  • Q4: Rock back and forth?
  • Q5: Supports weight on legs and might bounce when standing?
  • Q6: Begin to pass things from one hand to another?
  • Q7: Bring objects such as toys to their mouth?
  • Q8: Know if someone is not familiar to them and is a stranger?
  • Q9: Respond to other people’s emotions such as a smile or a frown?
  • Q10: Enjoy looking at themselves in the mirror?
  • Q11: Look at things around them?
  • Q12: Respond to sounds they hear by making sounds themselves?
  • Q13: Make sounds to show joy or displeasure?
  • Q14: Respond to their own name?
  • Q15: Start to string vowels together such as "ah," "eh," "oh," or say consonant sounds such as "m" or "b"?
  • Q16: Begin to laugh?
BACKBACK5-6-years old child

7-9 MONTHS DEVELOPMENTAL MILESTONES QUIZ

  • Q2: Crawl?
  • Q3: Stand while holding onto something to support them?
  • Q4: Sit without support?
  • Q5: Pull themselves up to stand?
  • Q6: Play peek-a-boo?
  • Q7: Move things from one hand to another?
  • Q8: Pick small things up such as a piece of cereal with their thumb and index finger?
  • Q9: Look for things that they see you hide?
  • Q10: Watch the path of something as it falls?
  • Q11: Show fear over being around strangers?
  • Q12: Become clingy with adults familiar to them?
  • Q13: Have favorite toys?
  • Q14: Use their fingers to point?
  • Q15: Understand “no?”
  • Q16: Make a lot of repetitive sounds such as “mamama” or “bababa”?
  • Q17: Copy sounds and gestures of other people?
BACKBACK7-9 years old child

10-12 MONTHS DEVELOPMENTAL MILESTONES QUIZ

  • Q2: Stand alone with no support?
  • Q3: Walk while holding onto furniture?
  • Q4: Take a few steps without holding onto anything?
  • Q5: Get into a sitting position without any help?
  • Q6: Bang two things together when playing?
  • Q7: Poke with their index finger?
  • Q8: Start to use things like hair brushes or drinking cups correctly?
  • Q9: Find hidden objects easily?
  • Q10: Play peek-a-boo or pat-a-cake?
  • Q11: Become shy or nervous around strangers?
  • Q12: Repeat actions or sounds to get attention?
  • Q13: Puts out an arm or leg to help when getting dressed?
  • Q14: Cry when a parent leaves the room?
  • Q15: Show that they have favorite things or people?
  • Q16: Show fear?
  • Q17: Say things such as “mama,” “dada,” or “uh-oh”?
  • Q18: Try to say the words you say?
  • Q19: Start to use gestures like waving or shaking head “no”?
BACKBACK10-12 years old child

13-18 MONTHS DEVELOPMENTAL MILESTONES QUIZ

  • Q2: Walk by themselves?
  • Q3: Walk up stairs and run?
  • Q4: Pulls toys while walking?
  • Q5: Drink from a cup on their own?
  • Q6: Eat with a spoon on their own?
  • Q7: Can help undress themselves?
  • Q8: Have occasional temper tantrums?
  • Q9: Show affection to familiar people?
  • Q10: Become clingy in new situations?
  • Q11: Explore their environment alone with parents close by?
  • Q12: Say several single words?
  • Q13: Say and shake their head “no”?
  • Q14: Point to show things to other people?
  • Q15: Scribble?
  • Q16: Know what ordinary products such as phones, spoons, and brushes are used for?
  • Q17: Follow 1-step commands such as “sit down” or “stand up”?
  • Q18: Plays with a doll or stuffed animal by pretending to feed them?
BACKBACK13-18 years old child

19-23 MONTHS DEVELOPMENTAL MILESTONES QUIZ

  • Q2: Begin to run?
  • Q3: Kick a ball?
  • Q4: Climb down and onto furniture on their own?
  • Q5: Walk up and down stairs while holding on?
  • Q6: Stand on their tiptoes?
  • Q7: Throw a ball overhand?
  • Q8: Copy others, especially people older than them?
  • Q9: Get excited around other children?
  • Q10: Show more independence as they age?
  • Q11: Do what they were told not to do and become defiant?
  • Q12: Point to things when they are named?
  • Q13: Know names of familiar people or body parts?
  • Q14: Say 2 to 4-word sentences?
  • Q15: Repeat words they hear?
  • Q16: Complete sentences and rhymes in familiar books?
  • Q17: Name items in books such as dogs, cats, birds, etc.?
  • Q18: Play simple pretend games?
  • Q19: Start to use one hand more than the other?
  • Q20: Begin to sort shapes and colors?
  • Q21: Follow 2-step instructions such as “pick up your hat and put it on your head?”
BACKBACK19-23 years old child

24+ MONTHS DEVELOPMENTAL MILESTONES QUIZ

  • Q2: Run easily?
  • Q3: Climb?
  • Q4: Walk up and down stairs with one foot on each step?
  • Q5: Dress and undress themselves?
  • Q6: Show affection for friends without being told?
  • Q7: Take turns when playing games?
  • Q8: Show concern when others are crying?
  • Q9: Understand the idea of “mine,” “his,” or “hers”?
  • Q10: Show many different emotions?
  • Q11: Copy adults and friends?
  • Q12: Separate easily from their parents?
  • Q13: Get upset when there is a major change in their routine?
  • Q14: Say words such as “I,” “me,” “we,” “you,” and some plural nouns?
  • Q15: Say their first name, age, and gender?
  • Q16: Carry on a conversation with 2 to 3 sentences?
  • Q17: Work toys with buttons and other moving parts?
  • Q18: Play pretend with dolls, animals, or people?
  • Q19: Finish 3 or 4 piece puzzles?
  • Q20: Copy a circle when drawing?
  • Q21: Turn pages of a book one page at a time?
  • Q22: Turn door handles?
BACKBACK24 months + old 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.

Cost

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.

National Reach

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.

Reach out to our team today to get connected with a lawyer in your area.

Relationship

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.

Talk to a Cerebral Palsy Lawyer

You may qualify for financial compensation. Get your case reviewed today for free.

Get a Free Case Review

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:

  1. 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.
  2. Discovery Both legal teams investigate and gather evidence such as written documentation, expert testimonies, and witness accounts to try and prove their cases.
  3. 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.
  4. 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.
  5. 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.

95%

of all personal injury lawsuits payout without going to court.

Source: Black’s Law Dictionary

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.

Get connected with a Cerebral Palsy lawyer immediately for your free case review.

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.

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 7 Sources
  1. Cerebral palsy. (2020, December 24). Retrieved May 14, 2021, from https://www.mayoclinic.org/diseases-conditions/cerebral-palsy/symptoms-causes/syc-20353999
  2. Data and statistics for cerebral palsy. (2020, December 31). Retrieved May 14, 2021, from https://www.cdc.gov/ncbddd/cp/data.html
  3. Ranum, D. (n.d.). Study of malpractice claims involving children. Retrieved May 14, 2021, from https://www.thedoctors.com/articles/study-of-malpractice-claims-involving-children/
  4. Sartwelle, T. P., & Johnston, J. C. (2014). Cerebral palsy litigation. Journal of Child Neurology, 30(7), 828-841. doi:10.1177/0883073814543306
  5. Statute of limitations. (n.d.). Retrieved May 14, 2021, from https://www.law.cornell.edu/wex/statute_of_limitations
  6. What is cerebral palsy? (2020, December 31). Retrieved May 14, 2021, from https://www.cdc.gov/ncbddd/cp/facts.html
  7. What percentage of lawsuits settle before trial? What are some statistics on personal injury settlements? (2013, September 30). Retrieved May 14, 2021, 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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