Colorado Cerebral Palsy Lawsuit Filing Process

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A Colorado cerebral palsy lawsuit filing process can be a complicated and confusing experience without the help of an experienced attorney. Learn about the steps you must take to get justice for your injured child and how a lawyer with experience, expertise, and knowledge of Colorado laws can guide you.

Do I Need a Lawyer to File a Cerebral Palsy Lawsuit in Colorado?

Yes, if you have a child born with cerebral palsy and you think medical negligence caused it, you’ll need a Colorado cerebral palsy lawyer to help you.

The right lawyer knows all the laws that apply to your situation and can help you understand your legal options and rights.

Trying to get through the lawsuit filing process without a lawyer is highly challenging and unlikely to result in a favorable outcome for your child. Similarly, relying on a lawyer without the right experience and knowledge will not give you the best results.

As you contemplate beginning a lawsuit for your child, look for a lawyer or law firm in Colorado specializing in medical malpractice and birth injury cases. You need someone with experience helping disabled children and dealing with medical malpractice lawsuits related to birth injuries and cerebral palsy.

What Kind of Lawsuit Do I file in Colorado?

In any state, you may face a couple of different situations as the parent of a child with cerebral palsy that can lead to a lawsuit:

1. A medical malpractice lawsuit. If your child suffered and was diagnosed with cerebral palsy due to a mistake made by a medical professional, you may have a reason to file this kind of lawsuit. Colorado law governs how these cases are presented and how the process goes forward, including establishing patient and doctor relationships.[1] A lawyer can help you get started.
2. A discrimination or disability rights lawsuit. Your child may be denied rights, such as access to free and appropriate education, or experience discrimination as they get older. In these cases, a lawyer can help you file a complaint with the appropriate agency or, if necessary, begin the lawsuit process.

How Do I File a Medical Malpractice Lawsuit in Colorado?

There are several steps to take in filing and proceeding with a medical malpractice lawsuit in Colorado. The process can be confusing and lengthy, but don’t let that stop you from seeking the justice and compensation your child deserves.

Statute of Limitations

First, understand that there is a time limit, called the statute of limitations, on these cases. In Colorado, you cannot file a medical malpractice lawsuit more than two years after you realized there was a negligent mistake made that harmed your child. This can be no more than three years from when that incident occurred.[2]

Discuss Damages with Your Lawyer

One of the main reasons to go through the filing process is to recover compensation for your child. Your lawyer will need to see your medical records and records of all expenses related to your child’s disability.

Colorado law states that total damages cannot exceed $1 million, and non-economic costs cannot exceed $300,000.[3]

File Complaint and Certificate of Review

The first concrete step is when your lawyer files a complaint to notify the defendants of legal action.

The complaint outlines the accusations and details of the incident. In Colorado, this must also include a certificate or review that certifies your lawyer consulted with a medical professional to ensure your allegations are justified.

Attempt to Settle

Once the defendants respond to the complaint, each side will investigate the incident and try to settle the lawsuit out of court.

Your lawyer will work with the legal team on the other side to come up with a fair amount of compensation for you and your child.

Go to Trial

If the negotiations fail or the defendants refuse to settle, your case will go to trial. Both sides will continue investigations and present evidence and expert witnesses before the jury. The jury has the ultimate decision to award damages.

How to Make a Discrimination Claim in Colorado

When your child gets to school age, you may begin to experience discrimination over disabilities. Federal and Colorado state laws protect against discrimination and ensure rights and access.[4] If these rights are violated or your child experiences discrimination, you can take legal action based on these laws.

Filing a Complaint

The first step in the process is to complain to the appropriate agency. Your lawyer will know if that should be the U.S. Department of Justice based on federal or state law. You’ll often file a complaint with the Colorado Division of Civil Rights through the agency’s website.

Response and Rebuttal

The Division will then notify the person or organization against which you are filing the complaint and wait for an answer. This takes between 10 and 30 days. With that response, you have the opportunity to submit a rebuttal.

Both sides may need to share information, and you must decide whether to continue the process. Ultimately, this will end in a determination by the Division Director.

Appeal or Sue if Necessary

If you are not happy with the report or outcome, you can let the Division know you will stop your complaint and file a lawsuit against the responsible party. Another option is to appeal the determination if it did not come out as expected.

Your lawyer will help you with every step of this process and ensure you don’t miss any of Colorado’s deadlines for these kinds of cases. If you decide to start a lawsuit, your lawyer can also take you through that process.

Working with a good Colorado cerebral palsy lawyer is essential as you go through the process of filing either type of lawsuit.

The state laws can be confusing, and the outcome will not likely be in your favor if you don’t have that expert guidance. Find the right lawyer to help you so your child has the best chance of getting justice and recovering any damages owed.