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

Cerebral Palsy Guidance

Answers and Assistance

Nationwide Legal Assistance866-579-8495Legal HelpMenu
Facebook Twitter
  • 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 > Nebraska Cerebral Palsy Lawsuit Filing Process
Last Updated: May 11, 2022

Nebraska 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 believe your child developed disabilities due to medical mistakes or if your child has been discriminated against, it’s important to understand the Nebraska cerebral palsy lawsuit filing process. It can be daunting, but the results mean justice for your child. It’s well worth the effort, although you should not begin the filing process without a Nebraska cerebral palsy lawyer.

Why Should I File a Lawsuit for My Child with Cerebral Palsy?

There are a couple of situations in which you may want to file a lawsuit to help your child, including medical malpractice or discrimination.

  • Medical malpractice. If you believe that a mistake, poor choice, or neglect in care by a doctor or other medical professional contributed to or caused your child’s cerebral palsy, you may have a case for medical malpractice. In filing this lawsuit, you will need to prove that someone failed to provide an adequate standard of medical care and that this harmed your child.
  • Discrimination. Discrimination based on disabilities illegal under federal law.[1] Your child may be denied access or services in school, be limited to access to certain public places, or face discrimination as your family seeks housing. A complaint or lawsuit can resolve the situation.

How to File a Medical Malpractice Lawsuit for Cerebral Palsy in Nebraska

Medical malpractice cases are notoriously difficult for plaintiffs. Nebraska laws outline the process you need to follow to make your case, seek justice for the harm caused by doctors and others, and recover damages for your child’s care.

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

Get Help Now

Statute of Limitations

The Nebraska law that limits when you can file a medical malpractice lawsuit is the statute of limitations. The state gives you until your child’s 21st birthday to present. This is an exception for minors, as generally, the law only allows for one year from the time a negligent incident was discovered.[2]

Damages

If you are within the statute of limitations, your lawyer will discuss expectations in recovering damages. However, no lawyer can tell you exactly how much you’ll get. Provide all necessary information and documentation so that your lawyer can determine a fair amount to seek.

Documentations include medical records and bills and receipts for anything related to your child’s condition, such as mobility devices or travel costs for getting treatments. Nebraska caps total damages awarded, so be sure you understand what to expect.

Filing and Medical Panel Review

In Nebraska, state law requires that you send the complaint to a medical panel review.[3] You must include all the details of your allegations. The defendants will also be notified.

The panel will decide whether it believes medical negligence did or did not occur. The result is not binding, but it can be used as evidence in court.

Settlement Negotiations

Your lawyer will next try to negotiate a settlement on your behalf if possible. This occurs through talks with the lawyers on both sides.

You get the final say in whether or not to accept any last offer of compensation. If negotiations fail, you’ll likely proceed to trial.

Trial in Court

In court, your case will likely go in front of a jury. Your lawyer presents all the evidence, talks to expert witnesses, questions witnesses for the other side, and argues your case.

The jury decides on whether or not medical malpractice occurred. If selected in your favor, the jury also determines a damages award.

How to File a Discrimination Complaint or Lawsuit in Nebraska

Nebraska’s Equal Opportunity Commission enforces several state laws prohibiting discrimination in housing, public accommodations, or employment.[4]

If your child has experienced discrimination in school, such as denying appropriate accommodations or special education services, you may need to file with a federal agency.

In Nebraska, filing a complaint with the state agency begins with a written, online, or in-person filing that details the incident or situation.

From there, you will be assigned an investigator and given an appointment for a more formal interview. You and the respondent have a chance to try to resolve the situation with mediation and a settlement.

If there is no resolution by mediation, the Commission will investigate your case. It will then determine whether or not discrimination occurred. If the finding is in your favor, the agency will decide what actions should be taken.

A conciliation procedure will begin to help both sides agree. If this fails, you can request a public hearing for a final determination and resolution. You can also choose to sue, and your lawyer will help you file the lawsuit to begin that process.

How to Find a Lawyer to Help You File

The long and often complicated process of filing a medical malpractice lawsuit or discrimination complaint is best done with a good lawyer to guide you. Look for a lawyer with specific expertise in discrimination, disabilities, cerebral palsy and birth injuries, and medical malpractice.

Keep in mind that someone who does not have experience specifically in medical malpractice cases will not be able to give you the best advice or best chance of winning your case.

To choose the right lawyer, take some time to research. Look for a lawyer or firm that can prove it has won cases like yours in the past and someone willing to give references from past clients. Don’t settle for less than the best lawyer to represent your family in this challenging process.

Filing a lawsuit in Nebraska for your child with cerebral palsy is not something to be done lightly.

Rely on an expert lawyer, learn more about the process, and take all the necessary steps to provide your child with a win and the compensation that will help provide care.

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

Get Help Now

References

  1. 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
  2. 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
  3. Medical liability/Malpractice merit affidavits and expert witnesses. (2014, June 24). Legislative News, Studies and Analysis | National Conference of State Legislatures.
    Retrieved from: https://www.ncsl.org/research/financial-services-and-commerce/medical-liability-malpractice-merit-affidavits-and-expert-witnesses.aspx
  4. Eliminating discrimination in Nebraska. Complaint process. (n.d.). Nebraska Equal Opportunity Commission (NEOC).
    Retrieved from: https://neoc.nebraska.gov/complaint/complaint.html
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
Cerebral Palsy Research
Cerebral Palsy History
Facts and Statistics
Prevalence and Incidence
Cerebral Palsy Myths
Cerebral Palsy Prevention
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
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
Claim for Compensation
Lawyer
Settlement
Lawsuit
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

© 2022 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

This website is certified by Health On the Net Foundation. Click to verify. This site complies with the HONcode standard for trustworthy health information:
verify here.
Learn About Our Editorial Guidelines