California Cerebral Palsy Lawsuit Filing Process

Fact Checked

The California cerebral palsy lawsuit filing process can be confusing. It can also lead to winning justice for your child. If you believe that medical malpractice caused or contributed to your child’s disabilities, seek the guidance and knowledge of a lawyer experienced in helping people with disabilities and medical malpractice cases.

Do I Need a Lawyer for the Cerebral Palsy Lawsuit Filing Process?

Yes, the first step you need to take in this process is to find a good lawyer. Technically, you can file a lawsuit without a lawyer, but the odds of a successful outcome are much lower without one.

Here are the main reasons to get a good lawyer now:

• A California cerebral palsy lawyer knows the specific laws in the state as they relate to your case and situation.
• The right lawyer has experience working with families like yours and is compassionate.
• With the best lawyer by your side, you have a better chance of recovering damages to cover medical expenses and ongoing care for your child.
• Laws regarding medical malpractice generally favor defendants, so winning a case is difficult without expertise and experience.
• The right lawyer will make all these critical decisions easier so that you can get through the filing process with less stress.

Find a lawyer to take your case and begin the process by searching for an individual or a firm specializing in medical malpractice and birth injuries. Make sure the lawyer has specific experience and wins for similar clients.

What Kinds of Lawsuits Can I File in California?

If you have a child with cerebral palsy and disabilities, there are two main types of lawsuits you may need to consider filing:

1. A Medical Malpractice Lawsuit. The purpose of a medical malpractice lawsuit is to hold medical professionals responsible for causing or contributing to patient harm by failing to provide an adequate standard of care. You might want to file this lawsuit if you believe your child would not have been disabled if it weren’t for mistakes made by doctors, nurses, or hospitals involved in your care.
2. A Disability Rights or Discrimination Complaint. Both state and federal laws protect people with disabilities from discrimination and ensure access and opportunities in housing, education, and public spaces.[1] If your child is being denied these rights or discriminated against in some way, you may file a complaint and, ultimately, a lawsuit if the complaint is not resolved.

How Do I File a Medical Malpractice Lawsuit in California?

This entire process will be much easier with the right lawyer guiding you. But it still helps to understand the state laws and how they govern the steps you’ll take to make your case.

Begin within the Statute of Limitations

California law places a time limit on when you can file a malpractice lawsuit. You have one year from when you discovered negligence occurred or three years from the actual incident.[2] It’s essential to understand this law first and foremost so you don’t miss the deadline.

File a Complaint

The first step in the process is to file a complaint. This is a legal document your lawyer will create that details the incident and how it contributed to your child’s disabilities. It names the defendants and notifies them of your suit against them.

Many states also require you to submit a signed statement from a medical expert at this point in the process, but California has no such requirement.

How Much Compensation Can I Get for My Child’s Cerebral Palsy?

As you wait for the defendants to respond to your complaint, your lawyer will begin to determine what they owe you in damages.

For many years, California capped non-economic damages at just $250,000. Legislation signed into law in 2022 increased the cap depending on whether or not the case involves a wrongful death:[3]

• The cap on medical malpractice cases involving wrongful death increased to $500,000 with annual increases of $50,000 until the cap reaches $1 million.
• In all other medical malpractice cases, the cap increased to $350,000 with annual increases of $40,000 until the total reaches $750,000.

Although California caps non-economic damages, there is no limit to how much you can recover for economic damages, like medical and care expenses.

You must provide your lawyer with all your related medical records and incidental expenses to help decide how much to seek.

Investigation and Settlement Negotiation

Assuming the defendants respond, both sides will investigate the incident to find evidence that there was or was not negligent action. Your lawyer will seek to negotiate a settlement with the defendants. It’s typical for a malpractice lawsuit to end with a settlement because it is less costly.

Go to Trial if Necessary

In the unlikely case that the defendants won’t settle, your lawsuit will go to court. You will have the chance to make your case in front of a jury. Your lawyer will present evidence and testimony from expert witnesses. The jury will decide if negligence occurred and harmed your child and, if so, the amount of damages to be awarded.

The Process of Filing a Discrimination Complaint

The process is different for a case of discrimination or denial of your child’s rights. Usually, the first thing your lawyer will do is file a complaint with the right government agency.

This may be the California Department of Justice’s Civil Rights Enforcement Section or the U.S. Department of Justice. Your lawyer will know which laws and agencies are involved in your child’s case.

If you cannot resolve your issue through filing a complaint, investigating, and resolution negotiations, consider filing a lawsuit. A lawsuit can help you get the justice your child deserves, restore services or access, and even recover damages.

Filing a lawsuit in California can be challenging if you try to go it alone. You’ll need to find the best lawyer to take your case and then file, investigate, present evidence, go through settlement negotiation, and possibly go to court to get a resolution. The efforts are worthwhile to help bring justice and compensation for your child with cerebral palsy.