Navigating the complex process of filing a cerebral palsy birth injury lawsuit requires understanding several key steps. If you wish to pursue legal action, speak with a Phoenix cerebral palsy birth injury lawyer first to get the details for your state.
This page will be a general overview of the process for filing a cerebral palsy birth injury lawsuit. Malpractice claims are complex and require the help of an attorney, but if you’re successful, you can make a world of difference for your child and your family.
What Are the First Steps in Filing a Cerebral Palsy Birth Injury Lawsuit?
There are just two steps you need to take to get started on your cerebral palsy claim:
- Gather Medical Records: Compile all medical records related to the pregnancy, delivery, and postnatal care. These documents are crucial for establishing the timeline and care quality received. As the parent of the child, you can request these on behalf of your baby.
- Write a Summary of What Happened: Detail the events leading up to, during, and after the birth, noting any concerns or issues you have. You may be formally deposed (state under oath) later, but your written summary will help your lawyer evaluate your claim.
- Write Down Your Questions: Prepare questions for your lawyer about the legal process, their experience, and what to expect moving forward.
- Consult a Cerebral Palsy Lawyer: Seek a consultation with a lawyer who focuses on birth injury cases. They can provide a preliminary assessment of your case based on the details and medical records.
"If your child was born with a birth injury, or cerebral palsy, we can help."
How Do I Choose the Right Lawyer for My Cerebral Palsy Lawsuit?
Birth Injury Lawyers Group is a network of nationwide lawyers with proven experience in winning birth injury cases, including cerebral palsy cases. That said, you need to feel confident about choosing the right lawyer. During your consultation:
- Look for Specific Experience: Choose a lawyer with a track record in birth injury and cerebral palsy cases, as they will have a thorough understanding of the medical and legal complexities involved.
- Evaluate Their Approach: Consider how the lawyer communicates with you, their willingness to answer your questions, and how you feel about working with them. These cases can last a long time, so choose someone you get along with.
What Are The Steps of the Process?
The process for filing a cerebral palsy birth injury lawsuit after you hire a lawyer is as follows:
- Case Evaluation: Your lawyer will review medical records, consult medical experts, and evaluate the care provided to determine if negligence occurred. Your child may need to be examined by a medical expert to get a doctor’s approval before filing your lawsuit. Some states require this.
- Filing the Lawsuit: Once a basis for negligence is established, your lawyer will build a case based on the evidence and file a lawsuit on your behalf with the court to start the case.
- Negotiations and Possible Mediation: Many cases are settled out of court during negotiations. If a settlement is reached, it can provide faster compensation without going to trial. A settlement offer can be accepted at any time before the trial date.
- Discovery Phase: If there isn’t an immediate negotiation, both parties will exchange information and evidence. This phase may include depositions of medical staff, witnesses, and expert testimony. As more evidence is revealed, a settlement may become more likely.
- Trial: If a settlement is not reached, the case will go to trial, where both sides present their evidence and arguments for a judge or jury to make a decision.
"We know first-hand what you are going through."
What Type of Compensation Can Be Recovered?
Compensation in cerebral palsy birth injury lawsuits typically covers, but is not limited to:
- Medical Expenses: Current and future medical costs, including surgeries, therapy, and medications.
- Care Needs: Costs associated with long-term care, specialized equipment, and home modifications.
- Pain and Suffering: Compensation for the child’s physical and emotional suffering.
- Lost Earning Potential: Compensation for the child’s potential lost wages due to disabilities.
"Our Birth Injury Lawyers have recovered over $750+ Million on behalf of our clients."
How Long Do I Have to File a Lawsuit?
The statute of limitations varies by state but generally starts from the date the injury was discovered or should have been discovered. Consulting with a lawyer as soon as possible is crucial to ensuring your lawsuit is filed within the legal time frame.
How Can I Support My Child’s Case After Hiring a Lawyer?
- Maintain Detailed Records: Keep a journal of your child’s medical appointments, treatments, and milestones or challenges.
- Follow Medical Advice: Ensure your child receives recommended treatments and therapies, as this demonstrates your commitment to their well-being.
- Communicate With Your Lawyer: Stay informed about your case’s progress and provide any requested information promptly.
Contact a Birth Injury Lawyer for More Information
Pursuing a cerebral palsy birth injury lawsuit is a significant decision for any family. It involves complex legal and medical considerations, emotional resilience, and a commitment to seeking justice and support for your child.
By understanding the process for filing a cerebral palsy birth injury lawsuit, families can navigate their legal journey with confidence. Get started today by following the steps above, then contacting the Birth Injury Lawyers Group to speak with an experienced lawyer in your area.
"We are committed to helping families who have suffered medical negligence."