Cerebral palsy is a permanent neurological condition. It causes varying degrees of disability and is often caused by medical mistakes and negligence. Although these medical errors are typically unintentional, the child is still a victim and ends up with a disability that could and should have been prevented.
As the parent of a child diagnosed with cerebral palsy, you face the challenges of raising a child with special needs as well as high, long-term medical and care expenses. 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 deep understanding of the laws related to these types of cases. They also have experience helping similar victims of medical negligence. Cerebral palsy lawyers have in-depth knowledge of this medical condition and its disabilities as well. They also have experience taking on and winning cerebral palsy cases for families.
This specialist attorney can help your family by providing the best chances of winning your lawsuit. They can provide services, expertise, and valuable experience that those who do not specialize in cerebral palsy cases cannot possibly offer.
Can an Attorney Help Get My Medical Bills Paid?
If your child’s cerebral palsy is due to negligent medical mistakes, a lawyer may be able to help you get compensation to cover them. The money can be used to 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 case. If you have a solid case, the right attorney will do what it takes to ensure you have the best chance of recovering damages and getting justice for the harm caused to your child.
Do I Really Need a Lawyer?
Malpractice laws and cases are complex. Having an attorney is not a requirement, but the chances of successfully proving and winning your case are much better with the right legal representation. The defendants in medical malpractice cases are doctors and hospitals backed by powerful insurance companies and their high-powered team of lawyers.
Lawyers unfamiliar with the detailed process of starting and working through a cerebral palsy case are less likely to win. And if they do, the amount of damages recovered may be less than what a more experienced lawyer could get.
Attorneys that truly focus on cerebral palsy malpractice cases have detailed knowledge of medical malpractice laws in the state in which they practice. They have experience investigating malpractice and finding proof of negligence. They know how to find the mistakes doctors made, gather expert witnesses, and hold successful negotiations. If negotiations don’t lead to a settlement, the right lawyer will know exactly what to do when taking your case to trial.
How Do I Know if a Lawyer is Trustworthy?
Not all attorneys have the same experience and background. And some may not deserve your trust. Find the right lawyer for you by asking for referrals from similar clients or someone you know. You may have someone in your life or in your community with a disabled child. If you’ve joined a cerebral palsy support group, ask members about lawyers or law firms that helped them.
One important sign that a lawyer or law firm is reputable and experienced is an informational and professional website. The site should answer your questions about cerebral palsy and what they can offer a family whose child has been diagnosed.
The law firm’s contact information should be readily available and they should make it easy to get in touch and ask questions. Lawyers ready and able to help you will always be willing to talk to you. Make sure the firm you select can demonstrate that it has represented similar clients before and has won many of these cases.
What Types of Compensation Can a Lawyer Help Me Get?
The amount of damages you may be able to recover from a lawsuit depends on several factors like the severity of your child’s condition and the degree of negligence. 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. Factors that determine damages amounts include:
- 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 child care needs.
- Special education costs.
- Counseling costs.
- Rehabilitation and therapy costs.
Will an Attorney Make Sure I Win My Lawsuit?
There is no way to guarantee you will win your lawsuit for medical malpractice. Reputable cerebral palsy lawyers will never guarantee a certain outcome. There are too many factors that cannot be controlled. Only an unscrupulous lawyer would give you a guarantee.
Keep in mind, though, 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 lawyer.
How Long Will My Case Take?
A cerebral palsy lawyer will work on your case until completion, whatever the outcome. Although it can be frustrating to wait, it is important to be patient when it comes to these types of lawsuits because it is never possible to say exactly when it will end.
Although in some rare instances cases are settled quickly, cerebral palsy lawsuits generally take months to years to resolve. Expect a case to take at least 18 months. Of course, every case is unique and there are always differences. Your attorney should be there, however, to guide you through the process and keep you informed of what’s going on with regular updates.
I Can’t Afford to Hire a Lawyer
Most cerebral palsy attorneys offer payment on a contingency basis. This means that you pay nothing up front. The lawyer will get paid only when you win your case. Attorney fees can vary from one firm to another though, 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.