Since there is so much variation in the specifics of each case, it’s difficult to accurately estimate the average settlement for cerebral palsy. In general, settlements can range from thousands to tens of millions of dollars or higher. The severe dysfunction and lifelong complications associated with cerebral palsy mean that settlements typically involve substantial sums of money.
The exact value of any given settlement depends heavily on the specifics of the case. You can talk to a cerebral palsy lawyer to discuss potential amounts and estimated settlements in your situation.
The Long-Term Financial Impacts of Cerebral Palsy
Cerebral palsy is a type of neurological disorder affecting brain regions associated with motor control and coordination. It’s caused by brain damage or abnormal development during birth or infancy, and is characterized by a lack of muscle control and issues with posture, balance, and mobility.
Although non-progressive, cerebral palsy is permanent, and there is no known cure. Children with cerebral palsy typically require lifelong medical treatment to strengthen and maintain muscle tone, flexibility, and control. This may involve orthopedic surgeries, physical or occupational therapy, medication, and medical devices.
According to a 2003 analysis by the CDC, the estimated lifetime average cost associated with cerebral palsy is $921,000. This number includes both the direct and indirect costs of the condition. This figure is in 2003 dollars, so the current figures for average lifetime costs are almost certainly over $1 million.
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Average Amounts in Cerebral Palsy Settlements
The typical cerebral palsy settlement can easily exceed $1 million after accounting for the short- and long-term costs associated with the condition. More severe cases can push settlement amounts into the tens of millions of dollars or higher.
A cerebral palsy settlement can include monetary compensation for:
- Your child’s medical bills and emergency medical treatment
- Future medical care expenses and ongoing therapy
- Necessary assistive technologies and mobility aids
- Home or vehicle modifications for accessibility
- Cost of special or remedial education due to cognitive impairment
- Projected lifetime lost earning capacity
- Parental lost wages if you had to take off work to care for your child
- Pain and suffering, emotional distress, and mental anguish
- Discomfort and inconvenience from scarring and disfigurement
Below are some examples of cerebral palsy settlements and verdict amounts that our attorneys at Birth Injury Lawyers Group have secured:
- $57 million for cerebral palsy from oxygen deprivation due to a negligent midwife
- $42.9 million for cerebral palsy due to negligent post-delivery care
- $42 million for cerebral palsy from brain injury due to improper forceps delivery
- $20 million for cerebral palsy due to medication errors
It’s important to note that every case is different, and no settlement amount is guaranteed. These numbers represent estimates and specific examples of individual cases, and may not be generalizable to yours. The best way to estimate your case value is to talk to a cerebral palsy lawyer.
Factors that Affect the Value of a Cerebral Palsy Settlement
Below are some of the most relevant factors that affect the value of a cerebral palsy settlement:
- Severity of the condition. All other things being equal, more severe cases generate higher-value settlements. Your child may require round-the-clock care and face severe restrictions in their daily life.
- Total medical costs. The cost of medical treatment for cerebral palsy includes costs for surgeries, rehabilitative therapy, medical devices, prescription drugs, in-home medical care, and therapy or counseling.
- Impact on your child’s future. Settlements also account for the impact on your child’s future. Your child may never be able to work or have their employment opportunities severely limited, so a settlement can account for those missing earnings.
- Degree of negligence. Settlement amounts also tend to be proportionate to the dseverity of the negligent conduct. In rare cases, you may be able to receive punitive damages if medical professionals displayed malicious, fraudulent, or intentionally reckless conduct.
- Parental impact. Parents may have their current employment and career trajectory altered if they have to leave work to provide care for their child with cerebral palsy. A settlement can compensate you if you lost earnings.
- Miscellaneous expenses. Cerebral palsy can necessitate various one-time and atypical expenses, like modifying your vehicle or home to accommodate physical disability.
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How Long Do I Have to File a Cerebral Palsy Lawsuit?
No matter how much your cerebral palsy lawsuit is worth, it won’t matter if you don’t file it in time. Each state has a statute of limitations that puts a time limit on your ability to sue for losses due to negligence. If you wait too long, your legal right to compensation for your child’s injuries will expire.
The exact time limit varies depending on the state, though most states have special rules and deadlines for injuries to minors and birth injuries. For instance, California allows parents up to the child’s eighth birthday to sue for birth injuries, while New York allows filing for up to ten years after birth.
"Our Birth Injury Lawyers have recovered over $750+ Million on behalf of our clients."
Contact a Cerebral Palsy Lawyer Today
Do you have more questions about average settlements for cerebral palsy? If so, contact Birth Injury Lawyers Group to speak with one of our team members.
We have firsthand experience navigating the aftermath of cerebral palsy birth injuries and have recovered hundreds of millions of dollars for victims and their families. Call us today to schedule a free case consultation.
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