Cerebral palsy is a permanent condition. It causes varying degrees of disability and it is too often caused by medical mistakes and negligence. Although these medical errors are typically unintentional, the child is a victim and ends up with a disability that could and should have been prevented.
The family of a child diagnosed with cerebral palsy faces both raising a child with special needs and overwhelming medical expenses that can last a lifetime. This is why the best thing parents in this situation can do is to hire and work with an experienced cerebral palsy attorney. The right lawyer will help you file for monetary damages from the responsible party.
How a Cerebral Palsy Attorney Can Assist You
Specialists in medical malpractice have a thorough understanding of specific laws related to these types of cases. They also have experience helping similar victims of negligence. Cerebral palsy lawyers have in-depth knowledge of cerebral palsy and medical malpractice laws. They also have experience taking on and winning cerebral palsy cases for families.
This specialist attorney can help your family by providing you the best chances of winning your lawsuit. They can provide services and expertise those who do not specialize in this kind of case cannot possibly offer.
Can an Attorney Help Get My Medical Bills Paid?
If your child’s cerebral palsy is due to medical mistakes and negligence, a lawyer may be able to help you get compensation. The money can help cover medical bills and other related expenses. However, it is impossible to say for certain until an experienced lawyer looks over your case.
A good lawyer will give you an honest opinion about your situation. If it looks like you have a strong case, the right attorney will do what it takes to ensure you have the best chance to get the damages to which your child is rightfully entitled.
Do I Really Need a Lawyer?
Cerebral palsy lawsuits and malpractice laws are complicated. An attorney isn’t legally required, but the chances of proving your case are much better with the right legal representation. The defendants are typically backed by powerful insurance companies with the services of several attorneys who’ll do their best to disprove your case.
Lawyers unfamiliar with the detailed process of starting and working through a cerebral palsy case, and those not experienced in winning these types of lawsuits, are less likely to win. Even if they do win, the amount of damages won may be less than what a more experienced lawyer could get.
Most cerebral palsy attorneys understand the ins and outs of medical malpractice and have investigation experience. They know how to uncover mistakes, find witnesses, and negotiate with the defense on your behalf.
If negotiations don’t lead to a settlement, the right lawyer will know exactly what to do in taking your case to trial. Although an attorney should never guarantee victory upfront, your chances of winning your case are increased dramatically with a knowledgeable and reputable lawyer.
How Do I Know if a Lawyer is Trustworthy?
Not all attorneys have the same experience and background, and some may not earn your trust. Find the right lawyer for you by first asking for referrals from people you know. You may have someone in your life that went through similar experiences. If you’ve joined a cerebral palsy support group, ask members about lawyers or law firms that helped them.
One important sign that you are talking to a reputable and experienced lawyer or law firm is that they have an informational and professional website. It should have information about cerebral palsy and malpractice laws. The site should answer many of your questions about the cerebral palsy and what they can offer a family whose child has been diagnosed.
The law firm’s contact information should be prominent with an easy way to get in touch. Most people will still have questions even after reading over the website. Lawyers who are ready to help you will always be willing to get in touch and talk to you. Make sure the firm you select can demonstrate that it has represented similar clients before and has won these cases.
What Types of Compensation Can a Lawyer Help Me Get?
The amount of damages you may be able to get with a lawsuit depends on the severity of your child’s condition and his or her disabilities. The expenses you have already incurred and expect to face in the future, where you live, and other individual factors will also help determine compensation. Important to consider are:
- Past and future medical costs and expenses.
- Reimbursement for home accommodations.
- Physical pain and emotional suffering.
- Lost wages if a parent must leave work to care for the child.
- Special education costs.
- Counseling costs.
- Rehabilitation and therapy costs.
Will an Attorney Make Sure I Win My Lawsuit?
Unfortunately, there is no way to guarantee you will win your lawsuit. An good cerebral palsy lawyer will never guarantee a win. There are too many factors that can’t be controlled.
What a reputable lawyer will do is give you a much better chance of proving your case than you would have going it alone. Cerebral palsy lawsuits are detailed and intricate, and the average person without a background in these types of cases can easily get taken advantage of.
Keep in mind, though, that if you have a solid case of medical negligence which led to your baby’s cerebral palsy, you’ll have a good chance at winning your case with an experienced cerebral palsy lawyer.
How Long Will My Case Take?
A cerebral palsy lawyer will work on your case until it’s finished. Patience is important when it comes to these types of lawsuits because it’s not possible to say exactly when it will end.
Although in some rare instances cases are settled quickly, cerebral palsy cases generally take months to years to finish. Expect a case to take at least 18 months. Of course, every case is unique and there are always differences in length. Your attorney should be there, however, to guide you through the process and keep you informed of what’s going on.
I Can’t Afford to Hire a Lawyer
Most cerebral palsy attorneys offer a contingency payment plan. This means that you pay nothing up front, and the lawyer will get paid only when you win your case. Attorney fees can range significantly, so make sure you know what fees will be taken out of your compensation beforehand. Additionally, when an attorney takes on your case with a contingency-based fee, it usually means they are confident that you can have a successful outcome.