Idaho Cerebral Palsy Lawyer

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If your child was diagnosed with cerebral palsy due to medical negligence, an experienced Idaho cerebral palsy lawyer can help. A qualified attorney has expertise in the areas of the law that impact disabled children. Let a lawyer help your family decide what legal action to take and if needed, ensure your child has equal opportunities at school and beyond.

When Do I Need an Idaho Cerebral Palsy Lawyer?

Cerebral palsy is a condition caused by brain damage. Several factors can cause brain damage; sometimes, the exact cause is unknown. In some cases, it results from medical errors. If you suspect medical negligence caused your child’s disabilities, you need a cerebral palsy lawyer.

An Idaho cerebral palsy lawyer may be necessary if you suspect malpractice. To get justice and compensation from those responsible, you will need this experienced professional.

Another situation in which you may need to hire a lawyer is if your child is experiencing discrimination or being denied appropriate school services.

Your child has a right to an education, just like any other, and to ensure that happens, you may need a lawyer.

How Can an Idaho Cerebral Palsy Lawyer Help My Family?

Whether you’re facing the possibility that your child’s disability resulted from malpractice or you worry they are experiencing discrimination, a lawyer with expertise in the right kinds of laws can educate you and help you decide what to do next. This is a difficult time with a lot of confusing information and options, but a good lawyer can provide compassionate, expert guidance.

The right lawyer can help you with the following:

• Filing a medical malpractice lawsuit
• Investigating to find evidence of malpractice
• Making a strong case to prove negligence and malpractice
• Negotiating with the defendant’s lawyers to get your child fair compensation
• Establishing a trust for your child’s future care
• Getting your child access to appropriate educational services at school
• Ensuring your child’s special education plan is being followed at school
• Fighting an organization that is discriminating against your child
• Accessing government benefits for your child

How to Find an Idaho Cerebral Palsy Lawyer

If you do feel your family can benefit from the services of a lawyer, make sure you hire only one who specializes in cerebral palsy, birth injuries, medical malpractice, or disability rights.

This expert knowledge will give you the best chances of getting what your child needs, whether compensation or access and opportunities.

Local organizations for disabled people in the community or disabled rights are great places to start your search for a good lawyer.

You can also ask other parents you know who have gone through a similar situation and check with the Idaho State Bar to find an expert lawyer in good standing. Be selective in choosing who will represent your family and work on behalf of your child.

Idaho Medical Malpractice Laws

When you hire the right lawyer to help your family, they will bring expert knowledge of the laws that guide medical malpractice cases. You should also have a basic understanding of these laws to make smarter choices for your child.

Time Limit on Filing

One fundamental law to understand in any state is the statute of limitations. Being unaware of this law could prevent you from filing a lawsuit. In Idaho, the law limits you to starting a case within two years of the negligent incident. Exceptions may be made for minors.[1]

Compensation Amounts

You should also be aware that if you are found to have any negligence in your child’s disability, for instance, by not following a doctor’s suggestions, any damages recovered in a case can be reduced. If your negligence is greater than 50 percent, you may not be able to recover any damages.

Idaho also has a cap on non-economic damages, restricting how much you can recover for things like pain and suffering.[2] This cap is adjusted regularly for inflation and was $430,740 in 2022.[2]

Pre-Litigation Screening

Before filing a lawsuit in Idaho, you must submit a pre-litigation screening claim.

The panel decides if your case has merit or is frivolous and can also recommend a damages amount. This step is difficult to maneuver without a knowledgeable lawyer by your side.

Disability Rights in Idaho

Your child will be living with disabilities for the rest of their life. That means possibly facing discrimination and denial of access to education, transportation, housing, and, later, work. Yet, some laws protect your child.

Federal education laws apply in all states, ensuring your child gets a free and appropriate education. The Americans with Disabilities Act protects your child from discrimination and denial of access in public places, in employment, and in other situations.[3]

Idaho’s state laws also protect people with disabilities. The civil rights laws in the state are similar to federal regulations. You must file a complaint with the state’s Commission on Human Rights to make a case.[4] This is something a disability rights lawyer can help you do successfully.

Examples of Idaho Cerebral Palsy Lawsuit Wins for Families

Idaho attorneys are always fighting for victims of medical malpractice and discrimination. They often win cerebral palsy lawsuits, helping families get much-needed compensation.

One case involved a child born in Boise with jaundice. While not uncommon in a newborn, jaundice can worsen and lead to a type of brain damage called kernicterus if not treated.

The mother’s concerns about the child were not taken seriously, and doctors misdiagnosed the baby with an ear infection. When he finally got the correct diagnosis and treatment, the baby had suffered enough damage to cause severe cerebral palsy.[5]

A lawyer helped the family get a settlement for his care in a medical malpractice case.

An Idaho cerebral palsy lawyer is a professional with particular expertise, compassion, and sensitivity when working with families of disabled children.

You may need one of these lawyers if your child has been diagnosed with cerebral palsy and will live with this condition for the rest of their life.

An Expert Idaho cerebral palsy attorney can help you get justice, compensation, and equal opportunities for your child.