Medical errors during pregnancy or labor can cause cerebral palsy, resulting in lifelong consequences for your newborn. Knowing your child’s condition was preventable can make an already painful experience even more upsetting. If medical malpractice has caused your child’s disability, 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. You and your family deserve the financial support and security a medical malpractice lawsuit can provide, and our lawyers are here to ensure you receive it.
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What Are the Causes of Cerebral Palsy?
Cerebral palsy (CP) describes a classification of disorders that impact people’s ability to control their muscles. According to the Centers for Disease Control (CDC), CP is the most prevalent motor skill disability in children.
Congenital CP accounts for up to 90% of CP cases, and it stems from either 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, that can cause CP. Head trauma, brain hemorrhaging, and infections are also possible causes.
Medical professionals must monitor for lack of oxygen and intervene as necessary to prevent various birth injuries. But when a doctor is negligent and fails to step in, a child can be left with irreversible brain damage.
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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. Because of this, families incur significant medical expenses. 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 medical malpractice 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, a qualified lawyer can hold the responsible parties accountable. These 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?
In order to qualify for a CP lawsuit, your claim must meet certain criteria. These factors include:
- An official cerebral palsy diagnosis.
- Evidence to suggest medical malpractice occurred and caused your child’s CP.
- 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 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 parents to sort through independently. But a knowledgeable birth injury attorney can help you understand the legal implications and determine if you have a valid medical malpractice claim.
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When To Hire a Cerebral Palsy Lawyer
We recommend contacting a cerebral palsy lawyer after your child’s diagnosis as soon as possible. The sooner you review your claim with a qualified attorney, the faster they can start collecting evidence and building your case.
Waiting to seek legal guidance delays the legal process and prevents your family from receiving compensation. In addition, each state has its own timelines for taking legal action and holding a doctor or hospital liable. Therefore, you must act quickly to meet the deadline.
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 will guide you through the malpractice lawsuit process and answer all your questions.
How To Choose the Right Attorney for Your Case
Having a qualified attorney fight on your child’s behalf is essential. Therefore, make sure the legal 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 legal consultation to review your claim.
- Operates on a contingency basis and does not demand fees upfront.
Since proving medical malpractice is complex, you need a lawyer who will stand up for your rights.
Trust Our Birth Injury Law Firm to Represent Your Claim
We believe parents should be able to expect 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 for you and your baby.
Our experienced birth injury lawyers build an evidence-based claim. We take over all communications and demand fair settlements from insurance companies. If the hospital or insurance adjuster refuses to pay your family a favorable settlement, 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 birth injuries like CP. We provide sound legal guidance and help you secure fair compensation for your child’s birth trauma.
What Kind of Settlement Can I Get in a Cerebral Palsy Lawsuit?
An injury lawyer assesses your claim and determines the value of every loss your family has incurred. Your birth injury claim settlement may be a lump sum or a structured settlement.
Your attorney will calculate your economic damages based on the bills and receipts related to your claim. Then, they will determine an amount for your non-economic damages, like pain and suffering, based on 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.
If an agreement is not reached, your birth injury attorney can file a lawsuit and pursue financial compensation during a trial.
What Damages Can I Sue for in a Cerebral Palsy Case?
The compensation you can expect from a birth injury lawsuit depends on your specific damages. However, these should include all tangible and intangible losses your family has suffered since the CP diagnosis.
Recoverable damages in a birth injury case often include the following:
- Medical 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
- Your child’s reduced quality of life
You may also be able to claim damages as parents, depending on your state’s laws and the unique circumstances of your case. An experienced lawyer 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.
- Retain medical experts to conduct in-depth interviews to establish medical negligence.
- Contact witnesses, prepare medical documents, and collect other evidence to build your case.
- Prepare the 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 birth injury case typically takes several months. Your attorney must navigate several steps to build a strong case and recover a payout through settlement negotiations.
The more evidence you can provide and the faster you hire a lawyer, 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, you will not be liable for legal fees if they do not secure a settlement or court award on your behalf.
By working on a contingency basis, you do not have to worry about up-front costs or surprise 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 removing some of the pressure.
Research shows that parental stress in families of children with cerebral palsy is significantly higher than in other families. This stress is due to their children’s emotional, psychological, and behavioral needs. On top of all 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 a disability. Your attorney can provide helpful resources to get your child the standard of care they deserve 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 resulted from a preventable birth injury, knowing your legal options is important.
A cerebral palsy attorney from the Birth Injury Lawyers Group can help you seek financial compensation for medical bills and therapies your child needs. Doing so can help your child enjoy a better quality of life and reach his or her full potential.
Contact us now to discuss your case with a qualified attorney who can answer your questions.