We all want what’s best for our child, and if your child has cerebral palsy as the result of a medical mistake, this may mean getting a settlement that can cover the cost of treatment. When your child’s injury never should have happened, a cerebral palsy lawsuit may be the best option. An attorney from Birth Injury Lawyers Group can guide you through the process.
As cerebral palsy lawyers, we see what families whose lives have been affected by CP go through to make sure their child has the brightest possible future. You go to doctor’s appointments and therapy sessions and endlessly advocate for your child’s needs. You deserve the support and financial security that a settlement will provide.
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Why Should You Hire a Cerebral Palsy Lawyer?
According to the Centers for Disease Control, medical costs for children with cerebral palsy are 10 times higher, and the lifetime cost to care for someone with CP is nearly $1 million. Many families of children with cerebral palsy need to make costly disabled access modifications to their vehicles and their homes, and you may also need to pay for a lifetime of therapy.
When your child’s condition never should have happened in the first place, a cerebral palsy lawyer will hold the at-fault party responsible for covering the costs of treatment. A lawyer will stand up to medical facilities, negligent doctors, and corporate insurers to fight to get your family what you deserve.
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When Should You Hire a Cerebral Palsy Lawyer?
We recommend reaching out to a cerebral palsy lawyer as soon as possible after your child’s diagnosis. You can speak with a member of the Birth Injury Lawyers Group team today about your potential medical malpractice claim. We will go over your rights and legal options.
If we review your child’s birth injuries and diagnosis and believe we can secure compensation to hold the at-fault practitioner responsible, an attorney from our team can guide you through the process. Since each state has its own timelines for filing civil actions and holding a doctor or hospital liable, you must act quickly to meet the deadlines.
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How Can Cerebral Palsy Lawyers Help Parents?
One of the most important ways a cerebral palsy attorney can help parents is by taking the pressure off of you. According to one study, parents of children with CP have higher levels of stress 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 to do is feel overwhelmed by the financial demands of living with cerebral palsy. Your cerebral palsy lawyer will make sure you have the resources you need to get your child treatments and interventions that can help them to live the best possible life.
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How a Cerebral Palsy Lawyer Will Handle Your Claim
Once you agree to work with a cerebral palsy attorney from Birth Injury Lawyers Group, one of the first things we will do is get to work on proving your case. This will require:
- Identifying all potentially liable parties
- Interviewing witnesses
- Obtaining copies of relevant medical records that validate symptoms and diagnosis
- Working with a medical expert witness to prove medical malpractice
- Working with experts to learn about your child’s prognosis, possible necessary treatments, ongoing and future care needs, and other current and future expenses
- Documenting your expenses and losses related to your child’s condition up to this point
With strong evidence to support a medical malpractice claim and a fair settlement value in mind, your attorney can then try to negotiate a just out-of-court settlement. This negotiation process may take time as they go back and forth several times, trying to reach an agreement. Still, this is usually faster than taking the case to court.
How Much Does a Cerebral Palsy Lawyer Cost?
The cerebral palsy attorneys at Birth Injury Law Group work on a contingency basis. That means they receive their fees at the conclusion of your case. If they aren’t able to secure a settlement or court award on your behalf, you won’t have to pay.
Once the insurance company representative cuts the check — which could take only a few days or several weeks — they will send it to your attorney. Your attorney will deposit it, take out the fees you agreed on, and then they will write a check to you.
Cerebral Palsy Lawyers Answer Your Questions About Lawsuits
We have provided the answers to our clients’ most commonly asked questions about cerebral palsy lawsuit case settlements. The following questions cover the basics.
Am I Eligible for a Cerebral Palsy Lawsuit?
What Kind of Settlement Can I Get in a Cerebral Palsy Lawsuit?
What Kind of Damages Can I Claim in a Cerebral Palsy Lawsuit?
How Long Will it Take to Get a Cerebral Palsy Lawsuit Settlement
Am I Eligible for a Cerebral Palsy Lawsuit?
You will need to meet several criteria in order to be eligible to file a cerebral palsy lawsuit. The fastest way to determine if you can take action in your state is to speak with one of our cerebral palsy lawyers. Some criteria for eligibility include:
- Your child has a cerebral palsy diagnosis.
- There is evidence to suggest your child was a victim of medical negligence.
- The medical negligence likely caused their cerebral palsy or another birth injury.
- You have time remaining to file a civil suit under your state’s statute of limitations and related laws.
- A qualified medical expert agrees you likely have a malpractice case.
What Kind of Settlement Can I Get in a Cerebral Palsy Lawsuit?
Your cerebral palsy attorney will calculate your economic damages based upon the bills and receipts that are related to your claim. They will then determine an amount for your non-economic damages like pain and suffering based upon this figure.
If a settlement can’t be reached with the malpractice insurance company or the legal team representing the doctor or hospital, your case may go to court. Depending on a number of factors, settlements in a birth injury case may come in the form of a lump-sum payment or as a structured settlement.
What Kind of Damages Can I Claim in a Cerebral Palsy Lawsuit?
The compensation you can expect if your family wins a cerebral palsy case in court depends on your unique damages. This includes the expenses and losses your attorney documents during the investigation into your case and the intangible losses to which they assign value. Some common recoverable damages in a cerebral palsy birth injury case include the following:
- Treatment and medications
- Ongoing care and support costs
- Medical equipment and prescribed devices
- Your time away from work caring for your child
- Out-of-pocket expenses related to your child’s care
- Your child’s pain and suffering
- Your child’s mental anguish
You may also be able to claim your own damages as parents, depending on your state’s laws and the particular circumstances of your case.
How Long Will it Take to Get a Cerebral Palsy Lawsuit Settlement?
How long it will take to receive a settlement in your cerebral palsy lawsuit depends on many factors. Your cerebral palsy attorney can help you get a better idea of how long the process may take, but there is no way to know exactly how long it could take.
Pursuing compensation in a cerebral palsy birth injury case takes time. The first step is not to file a lawsuit. Instead, your attorney will need to navigate several steps to build a strong case and attempt to recover a payout through settlement negotiations.
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 pursue and recover compensation. To get your case started, get a free consultation with one of our knowledgeable and experienced cerebral palsy lawyers.
The Birth Injury Lawyers Group can help you get started today. Call (800) 278-9191 and you will be connected with an attorney in your state who handles cerebral palsy birth injury cases.
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