Cerebral Palsy Lawyer

Page Written by Robert Wharton, Esquire

Fact Checked

Cerebral palsy is a permanent, neurological condition, although it’s not progressive. It causes varying degrees of disability and often has associated medical conditions. [1] Medical errors, whether unintentional or not, can cause the disorder. As the parent or caregiver, you can file a lawsuit for medical malpractice, but it’s important to have a cerebral palsy lawyer to guide you.

How a Cerebral Palsy Lawyer Can Help

An experienced cerebral palsy lawyer can tackle a complicated medical malpractice case with expertise and knowledge, rather than have you navigate alone through complicated laws and the lawsuit process. Here’s how their expertise can help you and your child:

• Determine if you have a strong malpractice case.
• Investigate to find evidence of medical negligence and provide relevant medical experts for testimony.
• Provide in-depth knowledge of the specific laws in your state related to birth injuries, minors, and medical malpractice.
• Offer experience handling similar cases for families like yours.
• Give a better chance of winning against influential physicians’ insurance companies.
• Provide a way for you to recover monetary damages that will help cover your child’s costs of care and treatment.

Recovering Damages to Pay Medical Bills

A child with cerebral palsy will likely have a lot of medical expenses. [2] A lawyer can help you determine the best way to recover damages if medical negligence caused your child’s disabilities.

The compensation can be used to cover early interventions, treatments, and therapies, as well as ongoing care. An experienced cerebral palsy lawyer will give you an honest opinion about your case and your chances of getting compensation from those responsible.

Do I Need a Lawyer?

A lawyer is not required, but medical malpractice cases are not easy to handle alone. Laws vary by state and typically don’t favor victims. Without an experienced legal expert to guide you, the chances of winning are lessened.

Defendants in medical malpractice cases generally have dominant legal teams paid for by big insurance companies. Lawyers unfamiliar with the detailed process of starting and working through a cerebral palsy case are less likely to win.

Lawyers specializing in birth injury malpractice cases know how to to find the mistakes doctors made, gather expert witnesses, and hold negotiations for a settlement in your favor.

How to Choose a Cerebral Palsy Lawyer

Not all attorneys have the same experience and background, and some may not deserve your trust. Here are some tips for finding the right lawyer for your family.

• Only choose a lawyer that specializes in medical malpractice cases, with a focus on birth injury or cerebral palsy lawsuits.
• Ask for referrals from similar clients or someone you know.
• Check with support groups or local organizations for disabled children for referrals.
• Look for a professional and informational website.
• The law firm’s contact information should be readily available, and they should make it easy to get in touch and ask questions.
• Choose a lawyer who works on a contingency basis and does not require payment upfront.

Types of Compensation

A cerebral palsy lawyer gives you the best chance of recovering damages in a lawsuit. The amount you may be entitled to depend on several factors:

• Past and future medical costs.
• Reimbursement for home accommodations.
• Physical pain and emotional suffering.
• Lost wages if a parent can no longer work due to childcare needs.
• Special education costs.
• Counseling costs.
• Rehabilitation and therapy costs.

Will an Attorney Make Sure I Win My Lawsuit?

There is no guarantee you will win your lawsuit for medical malpractice. Reputable cerebral palsy lawyers will never guarantee a specific outcome. There are too many factors that cannot be controlled. Only an unscrupulous lawyer would give you a guarantee.

Keep in mind that if you have a solid case of medical negligence which led to your baby’s cerebral palsy, you do have a good chance of winning your case with an experienced cerebral palsy attorney.

Many cases have resulted in multimillion-dollar settlements after plaintiffs hired experienced lawyers. [3]

How Long Does a Cerebral Palsy Case Take?

A cerebral palsy lawyer will work on your case until completion, whatever the outcome. There is no set amount of time for a medical malpractice lawsuit, but the process can be lengthy, typically months to years. Expect your case to take at least 18 months.

What if I Can’t Afford to Hire a Lawyer?

Most cerebral palsy attorneys offer payment on a contingency basis. This means that you pay nothing upfront. The lawyer will get paid only when you win your case, and will then receive a percentage of your recovered damages.

Page Written by Robert Wharton, Esquire

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Robert Wharton is an experienced cerebral palsy and birth injury attorney. His law firm handles medical malpractice cases throughout the United States. He has been selected multiple times as a “Super Lawyers – Rising Star”, and was honored as a “Top 40 Under 40” lawyer by the National Trial Lawyers Association.

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