Medical errors during pregnancy or labor can cause lifelong consequences for newborn babies, such as cerebral palsy. If your child’s disability resulted from medical malpractice, you deserve a settlement that covers treatment and ongoing care costs.
The cerebral palsy attorneys at the Birth Injury Lawyers Group will guide you through the civil litigation process and demand justice for your child’s damages. You and your family deserve the financial support and security a medical malpractice lawsuit can provide, and our legal team makes sure you receive it.
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What Are the Causes of Cerebral Palsy?
Cerebral palsy (CP) classifies a group of disorders that impact people’s ability to control their muscles. The Centers for Disease Control’s (CDC) statistics for cerebral palsy show it is the most common motor disability in children. In fact, CP affects approximately one out of every 345 children in the United States.
Congenital cerebral palsy accounts for as many as 90% of cases, and it stems from abnormal brain development or trauma before or during birth. For example, if the child’s oxygen supply gets cut off during the pregnancy or delivery, it can cause CP. In addition, a small percentage of cases are due to head trauma, brain hemorrhaging, and infections.
Medical professionals must monitor for lack of oxygen and intervene as necessary to prevent all types of cerebral palsy. However, medical negligence can deter a doctor from stepping in, leaving your child with irreversible brain trauma.
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Why Should You Hire a Cerebral Palsy Lawyer?
Cerebral palsy is a chronic medical condition that requires long-term medical care. Children born with CP suffer from cognitive disabilities, hearing impairment, vision loss, and seizures. Therefore, families incur significant expenses when seeking treatment. Research suggests the costs and expenses related to cerebral palsy equal $1.3 million per person.
Raising a child with CP is financially stressful, but a qualified injury attorney can help you collect a settlement that covers the costs of your child’s ongoing care.
When your child’s condition should never have happened in the first place, a cerebral palsy lawyer holds at-fault parties responsible. Legal professionals stand up to medical facilities, negligent doctors, and corporate insurers to fight for fair compensation.
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Does My Child Qualify for a Cerebral Palsy Lawsuit?
To qualify for a cerebral palsy lawsuit, your claim must meet several types of criteria. These factors include:
- An official cerebral palsy diagnosis
- Evidence to suggest medical negligence occurred and caused cerebral palsy
- Time remaining to file a civil suit under your state’s statute of limitations and related laws
- A qualified medical expert agrees you have a malpractice case
When it comes to proving medical negligence, you must demonstrate that the medical professional or entity owed you reasonable care but failed to provide it. Then, you must prove that the breach of duty directly caused your child’s CP, and now your family faces actual damages because of the injuries.
All these factors can be challenging for a person to sort through on their own. But a knowledgeable birth injury attorney can help you understand these factors and determine if you have a valid case.
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When to Hire a Cerebral Palsy Lawyer
We recommend reaching out to a cerebral palsy lawyer as soon as possible after your child’s cerebral palsy diagnosis. The sooner you review your claim with a birth injury lawyer, the faster they can start collecting evidence and building your case.
Waiting to seek legal guidance delays the settlement process and prevents your family from receiving their deserved settlement. In addition, each state has its own timelines for filing civil actions and holding a doctor or hospital liable. Therefore, you must act quickly to meet the deadlines.
As soon as you set up an initial consultation with our cerebral palsy law firm, our legal experts review your child’s birth injuries and determine if we can secure compensation from the at-fault practitioner. From there, our attorneys guide you through the malpractice lawsuit process and answer any questions you have along the way.
How to Choose a Cerebral Palsy Attorney for Your Case
It is essential to have a qualified and knowledgeable cerebral palsy attorney fighting for your child’s justice. Therefore, make sure the law professional you hire:
- Specializes in medical malpractice birth injuries
- Has a proven track record of successful verdicts
- Can provide referrals from similar clients
- Will offer a free initial birth injury consultation to review your claim
- Operates on a contingency basis and does not demand fees up-front
Since proving medical malpractice is complex, you need a legal expert dedicated to your case and not afraid to stand up for your rights.
Trust Our Birth Injury Law Firm to Represent Your Claim
At the Birth Injury Lawyers Group, we believe parents deserve responsible care from doctors, hospitals, and other medical professionals. So when healthcare workers fail to keep your child safe, we make it our mission to pursue justice on behalf of you and your newborn baby.
Our lawyers for cerebral palsy build an evidence-based claim. We take over all communications and demand fair cerebral palsy lawsuit settlements from insurance companies. If the hospital or insurance adjuster refuses to pay your family what they deserve, we will not hesitate to file a lawsuit and represent your case during trial.
Simply put, our experienced legal team gets answers for families affected by cerebral palsy. We provide sound legal guidance and help you secure fair compensation for your child’s trauma.
What Kind of Settlement Can I Get in a Cerebral Palsy Lawsuit?
An injury lawyer takes their time assessing your claim and determining the value of every loss your family incurred. Your birth injury claim settlement may come in the form of a lump-sum payment or as a structured settlement.
Your attorney will calculate your economic damages based upon the bills and receipts related to your claim. Then, they will determine an amount for your non-economic damages, like pain and suffering, based upon this figure.
Once your CP attorney determines a fair settlement, they demand it from the liable medical professional, hospital, or insurance provider. The at-fault party can pay the settlement, provide a counteroffer, or deny the claim altogether. If payment is not reached, your birth injury attorney can file a lawsuit and pursue compensation during a trial.
What Damages Can I Sue for in a Cerebral Palsy Case?
The compensation you can expect to receive from a cerebral palsy case depends on your specific damages. This includes all tangible and intangible losses your family suffered since the cerebral palsy diagnosis.
Some common recoverable damages in a cerebral palsy birth injury case include:
- Treatment and medications
- Ongoing care and support costs
- Medical equipment and prescribed devices
- Missed wages due to caring for your child
- Out-of-pocket expenses related to your child’s treatments
- Your child’s pain and suffering
- Your child’s mental anguish
You may also be able to claim damages as parents, depending on your state’s laws and the particular circumstances of your case. An experienced lawyer for cerebral palsy will make sure you pursue all damages you are entitled to and fight for maximum compensation.
How Long Will it Take to Get a Cerebral Palsy Lawsuit Settlement?
Your cerebral palsy settlement timeline depends on many factors, including how fast you partner with a legal expert. Once you hire a CP attorney, they will:
- Review the details of your case to identify all liable parties (there may be multiple)
- Retain medical experts to conduct in-depth interviews to establish medical negligence
- Contact witnesses, prepare medical documents, and collect other forms of evidence to build your case
- Prepare necessary legal paperwork and file all insurance claims
- Negotiate the settlement with the liable party or insurance provider
- File a lawsuit with the appropriate court and represent you during a trial (if necessary)
Pursuing compensation in a cerebral palsy birth injury case takes time. Your attorney will need to navigate several steps to build a strong case and recover a payout through settlement negotiations. But the more evidence you can provide and the faster you hire a lawyer for cerebral palsy, the sooner you can receive your birth injury settlement.
How Much Does a Cerebral Palsy Lawyer Cost?
Our CP attorneys work on a contingency basis. That means they receive their fees once a verdict is reached. Therefore, if they do not secure a settlement or court award on your behalf, you will not be liable for payments.
By working on a contingency basis, you do not have to worry about up-front costs or fees. Instead, insurance companies send the settlement check directly to your attorney. Your lawyer removes all legal fees before sending you the final deposit.
A Cerebral Palsy Lawyer Provides Peace of Mind to Parents
One of the most important ways a cerebral palsy attorney can help parents is by taking the pressure away.
Research shows that parental stress in families of children with cerebral palsy is significantly higher than in other families. This is due to their children’s emotional, psychological, and behavioral needs. In addition to this, the physical demands of caring for a child with CP can be exhausting.
When you’re struggling to cope, the last thing you need is to feel overwhelmed by the financial demands of raising a child with cerebral palsy. Your cerebral palsy lawyer provides helpful resources to get your child quality medical care and help them live the best possible life.
Talk to a Cerebral Palsy Lawyer About Your Birth Injury Case
If you believe your child’s cerebral palsy is the result of a preventable birth injury, you may be eligible to recover compensation. To learn more, schedule a free consultation with one of the knowledgeable CP lawyers at the Birth Injury Lawyers Group. Contact us now to get started on your case.