• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Cerebral Palsy Guidance

Answers and Assistance

877-862-8594phone iconCall
  • Cerebral Palsy
    • Types
    • Symptoms
    • Diagnosis
    • Prognosis
    • Causes
    • Associated Disorders
    • Gross Motor Classification System
    • Treatment
    • Life Expectancy
    • Myths
    • Risk Factors
    • Support Groups
    • Research
    • United Cerebral Palsy Association
    • Birth Injury Overview
  • Living With Cerebral Palsy
    • Daily Communication
    • Physical Fitness
    • Toilet Training Tips
    • Eating and Feeding Tips
    • Wheelchairs and Scooters
    • Walkers, Canes, and Standers
    • Falling Issues
    • Augmentative and Alternative Communication (AAC)
    • Conductive Education
    • Tips For Better Sleeping
    • Traveling Tips
    • Sports
    • Bullying
    • Inclusive Playgrounds
    • Respite Care
    • Transitioning to Adulthood
    • Vocational Counseling
    • College Guide
    • Finding a Job
    • Having Children
    • Costs
  • Financial Assistance
    • Government Assistance
    • Special Education Assistance
    • Cerebral Palsy Lawyer
    • Cerebral Palsy Lawsuit
  • Our Blog
  • About Us
  • Contact Us
law books and gavel
Home > Cerebral Palsy Lawyer > Cerebral Palsy Lawsuit > Alabama Cerebral Palsy Lawsuit Filing Process
Last Updated: May 07, 2022

Alabama Cerebral Palsy Lawsuit Filing Process

Page Written by Robert Wharton, Esquire
Page Written by Robert Wharton, Esquire

This article has been fact checked by an experienced birth injury attorney. Sources of information for the article are listed at the bottom.

For any content issues please Contact Us.

If you have a child diagnosed with cerebral palsy and feel medical negligence caused the disability, an experienced lawyer can help you understand the complicated process of filing a medical malpractice lawsuit. If you think your child has been discriminated against, a lawyer can also assist you. Understand the Alabama lawsuit filing process so you can make the best choices for your child’s future.

Hire an Alabama Cerebral Palsy Lawyer

The first thing you should do to start a cerebral palsy lawsuit filing process is to find and work with an experienced lawyer. Alabama laws that govern malpractice cases and federal disability rights laws can be complicated and confusing, especially if you don’t have legal experience and expertise.

Rely on a lawyer to help you understand the process and guide your decisions. Look for a lawyer with:

Get Matched with a Leading Birth InjuryCerebral Palsy Attorney in Your Area

Get Help Now
  • Relevant experience working on similar cases
  • Past clients similar to you and your child
  • References from satisfied past clients
  • Expertise in either malpractice laws or disability rights and discrimination
  • Fees are applied on a contingency basis, so you don’t have to find the money upfront
  • Compassion and patience in working with clients and their disabled children

Types of Lawsuits You May Need to File on Behalf of Your Child with Cerebral Palsy

Having a child with cerebral palsy means you have important decisions to make about legal and financial actions. Sometimes this means suing to fight for justice and recover damages, so you can provide your child with the best care.

Filing a Cerebral Palsy Medical Malpractice Lawsuit

If you feel that your child’s disability is a result of inadequate care provided by a medical professional or team, you may need to file a medical malpractice lawsuit. Medical malpractice occurs when a healthcare worker or organization fails to provide an adequate standard of care for a patient, resulting in harm.

This kind of lawsuit allows you to hold the responsible people accountable and seek damages.

Filing a Disability Rights or Discrimination Claim

Discrimination against your child can take many forms. Some examples include schools that are not providing full special education services, public spaces that are not accessible, or denial of housing because of your child’s unique needs.

In these and other situations, you may need to file a discrimination complaint or start a lawsuit.

How to File a Medical Malpractice Lawsuit in Alabama

To file an Alabama medical malpractice lawsuit, you must have a good lawyer on your side. This will make the process much easier and the outcome more likely to be in your favor. Alabama has some of the harshest laws that favor doctors, so you need every advantage possible.

  • Begin the process within Alabama’s statute of limitations. First, be aware of the time limit on this lawsuit. In Alabama, you must file within two years of when medical negligence occurred. However, for a minor, you have until the age of eight to file.[1]
  • File the complaint. The actual start of the process occurs when your lawyer files a complaint. This must contain detailed descriptions of the negligent actions or inactions that harmed your child. You must also list where and when the negligence occurred and the individuals involved.
  • Find expert witnesses. Once the defendants respond to your complaint, your lawyer can begin putting your case together. This includes finding expert witnesses to help prove medical negligence. Alabama law requires that these witnesses practice a similar type of medicine to the defendant.
  • Negotiate a settlement if possible. The ideal outcome of this process is a settlement because it means recovering damages for your child sooner. Your lawyer will negotiate with the defendant’s lawyers and try to come up with a fair amount.
  • Go to trial. If the settlement negotiations fail, your case will go to trial. Both sides prevent evidence, and expert witnesses and the jury decides if medical malpractice occurs and how much, if any, damages your child is owed.

How to File a Lawsuit or Complaint about Discrimination

Except for age discrimination, Alabama does not have state civil rights or an anti-discrimination statute. The state relies instead on federal regulations. This means that if your child has experienced discrimination, you will need to file a complaint with a federal agency.

For disability rights, the laws most likely to apply include the Americans with Disabilities Act and the Individuals with Disabilities in Education Act for school-related situations.[2][3] To file a complaint under these laws, you must do so with the U.S. Department of Justice. Your lawyer will know how to start this process.

In some situations, suing may be necessary. If your complaint does not resolve the issue, or if you believe your child is entitled to damages because of an incident, a lawsuit can help.

Your lawyer will file a lawsuit against the person or organization responsible for discrimination or denial of rights and begin the process of investigating, finding witnesses, negotiating, and making your case in court.

Filing a cerebral palsy lawsuit in Alabama can confuse people, especially with medical malpractice cases typically designed to favor the defendants. What you need to get you through this process is an expert lawyer who knows the laws and has experience winning for people like you.

Get Matched with a Leading Birth InjuryCerebral Palsy Attorney in Your Area

Get Help Now

References

  1. Medical liability/Malpractice statutes of limitation. (2014, March 20). Legislative News, Studies and Analysis | National Conference of State Legislatures.
    Retrieved from: https://www.ncsl.org/research/financial-services-and-commerce/medical-liability-malpractice-statutes-of-limitation.aspx
  2. What is the Americans with Disabilities Act (ADA)? (n.d.). ADA National Network | Information, Guidance and Training on the Americans with Disabilities Act.
    Retrieved from: https://adata.org/learn-about-ada
  3. Individuals with Disabilities Education Act (IDEA). (n.d.). Individuals with Disabilities Education Act. U.S. Department of Education.
    Retrieved from: https://sites.ed.gov/idea/
View All References
Page Written by Robert Wharton, Esquire

Page Written by Robert Wharton, Esquire

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.

See Full Bio

Primary Sidebar

Get Matched with a Leading Birth InjuryCerebral Palsy Attorney in Your Area

Get Help Now
Cerebral Palsy
Cerebral Palsy in Newborns
Cerebral Palsy in Toddlers
Severe Cerebral Palsy
Types of Cerebral Palsy
Ataxic
Atonic (Hypotonic)
Dyskinetic Athetoid
Dystonic
Hypertonic
Mixed
Non-Spastic
Spastic
Spastic Diplegia
Spastic Hemiplegia
Spastic Quadriplegia
Cerebral Palsy Symptoms
How Cerebral Palsy Affects the Brain and Body Parts
Cerebral Palsy Causes
Birth Asphyxia
Prolonged Labor
Delayed C-Section
Forceps Delivery Injuries
Vacuum Extractor Injuries
Nuchal Cord Birth Injuries
Uterine Rupture and Birth Injury
Hypoxic Ischemic Encephalopathy (HIE)
Intraventricular Hemorrhage (IVH)
Failure to Diagnose
Chorioamnionitis
Improper NICU Care
Traumatic Brain Injury
Meconium Aspiration Syndrome
Hydrocephalus
Pitocin Errors
Anesthesia Errors
Infertility Drugs
Cerebral Dysgenesis and Cerebral Palsy
Jaundice
Periventricular Leukomalacia (PVL)
Placental Problems
Epidural Hematoma
Perinatal Stroke
Acquired Brain Injuries and Cerebral Palsy
Cerebral Palsy Associated Disorders
Mobility Issues
Pain
Cognitive Issues
Developmental Delays
Cerebral Palsy and Post-Impairment Syndrome
Seizures
Epilepsy
Malnutrition
Respiratory Health
Hearing Problems
Vision Impairment
Arthritis
Depression
Sleep Issues
Dysphagia
Oral Health Issues
Skin Conditions
Digestive Issues and Health
Emotional Issues
Behavioral Disorders
Autism
Down Syndrome
ADHD
Diabetes
Cerebral Palsy Diagnosis
Imaging Tests
Cerebral Palsy Prognosis
Cerebral Palsy Gross Motor Classification System
Cerebral Palsy Treatment
Cerebral Palsy Specialists
Nutrition Therapy
Chiropractic Care
Hyperbaric Oxygen Therapy
Medications
Seizure Medications
Anticonvulsants
Muscle Relaxants
Stem Cell Therapy
Surgery
Aquatic Therapy
Acupuncture Therapy
Botox Treatment
Hippotherapy
Occupational Therapy
Speech Therapy
Massage Therapy
Physical Therapy
Homeopathy
Yoga
Pilates
Intensive Suit Therapy
Medical Marijuana
Functional Electrical Stimulation
Osteopathic Manipulation
Anat Baniel Method and NeuroMovement
Pet Therapy
Cerebral Palsy Cure
Cerebral Palsy Life Expectancy
Cerebral Palsy Risk Factors
High-Risk Pregnancy
Risk Factor Causal Pathways
Premature Birth
Birth Complications
Post-term Pregnancy
Intrauterine Growth Restriction
Maternal and Fetal Infections
Blood Type Incompatibility
Multiple Births
Parental Habits and Health
Cerebral Palsy Support Groups and Organizations
Cerebral Palsy Research
Cerebral Palsy History
Facts and Statistics
Prevalence and Incidence
Cerebral Palsy Myths
Cerebral Palsy Prevention
Cerebral Palsy Misdiagnosis
United Cerebral Palsy Association
Living With Cerebral Palsy
Costs
Orthopedic Health
Neurological Health
Daily Communication
Physical Fitness
Abuse
Toilet Training Tips
Eating and Feeding Tips
Wheelchairs and Scooters
Wheelchair-accessible Vans
Walkers, Canes, and Standers
Adaptive Bikes
Affordable Transportation
Assistive Technology
Falling Issues
Home Modifications
Augmentative and Alternative Communication (AAC)
Conductive Education
Tips For Better Sleeping
Traveling Tips
Sports
Bullying
Inclusive Playgrounds
Respite Care
Faith
Engaging in the Arts
Transitioning to Adulthood
LGBT
Vocational Counseling
College Guide
Teacher Tips for Inclusive Classrooms
Finding a Job
Having Children
Veterans
Fostering or Adopting a Child with CP
Enjoying the Great Outdoors
Emergency Preparedness
Financial Assistance
Government Assistance
Title V MCH Benefits
Special Education Assistance
Cerebral Palsy Lawyer
Alabama
Huntsville
Alaska
Anchorage
Arizona
Phoenix
Arkansas
Little Rock
California
Los Angeles
Colorado
Denver
Connecticut
Bridgeport
Delaware
Wilmington
Florida
Jacksonville
Georgia
Atlanta
Hawaii
Honolulu
Idaho
Boise
Illinois
Chicago
Indiana
Indianapolis
Iowa
Des Moines
Kansas
Wichita
Kentucky
Louisville
Louisiana
New Orleans
Maine
Portland, Maine
Maryland
Baltimore
Massachusetts
Boston
Michigan
Detroit
Minnesota
Minneapolis
Mississippi
Jackson
Missouri
Kansas City
Montana
Billings
Nebraska
Omaha
Nevada
Las Vegas
New Hampshire
Manchester
New Jersey
Newark
New Mexico
Albuquerque
New York
New York City
North Carolina
Charlotte
North Dakota
Fargo
Ohio
Columbus
Oklahoma
Oklahoma City
Oregon
Portland
Pennsylvania
Philadelphia
Rhode Island
Providence
South Carolina
Columbia
South Dakota
Sioux Falls
Tennessee
Nashville
Texas
Houston
Utah
Salt Lake City
Vermont
Burlington
Virginia
Virginia Beach
Washington
Seattle
West Virginia
Charleston
Wisconsin
Milwaukee
Wyoming
Cheyenne
Medical Malpractice
Claim for Compensation
Lawsuit
Settlement
Statute of Limitations
Life Care Plan
Goals
Evaluation
Diagnosis
Care Team
Record Keeping and Documents
Birth Injury
Treatment
Causes
Failure to Monitor
Symptoms
Prognosis
Lawyer
Settlement
Lawsuit
Claim for Compensation
Infant Skull Fracture
Treatment
Symptoms
Causes
Prognosis
Lawyer
Settlement
Lawsuit
Claim for Compensation
Infant Brain Damage
Prognosis
Symptoms
Causes
Treatment
Lawyer
Lawsuit
Claim for Compensation
Settlement
Infant Wrongful Death
Causes
Intrauterine Fetal Demise (Stillbirth)
Claim for Compensation
Lawyer
Settlement
Lawsuit
Grieving the Loss of a Baby
Erb’s Palsy
Symptoms
Prognosis
Treatment
Causes
Lawyer
Settlement
Lawsuit
Claim for Compensation
Brachial Plexus Injury
Causes
Prognosis
Symptoms
Treatment
Lawyer
Lawsuit
Settlement
Claim for Compensation
Klumpke’s Palsy
Lawyer
Lawsuit

© 2023 CerebralPalsyGuidance.com · Privacy Policy · Disclaimer

The information provided by CerebralPalsyGuidance.com is not a substitute for professional medical advice, diagnosis, or treatment.

  • Cerebral Palsy
  • Living With Cerebral Palsy
  • Financial Assistance
  • Our Blog
  • About Us
  • Contact Us
210 W. Division St. Syracuse, NY 13204

We provide nationwide assistance

Facebook Twitter
Learn About Our Editorial Guidelines