New Jersey Cerebral Palsy Lawsuit Filing Process

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If your child developed cerebral palsy due to medical negligence, you have the legal right to seek compensation from the responsible party. By filing a lawsuit on your child’s behalf, you may be able to recover damages, but it’s important to understand the basic steps. A New Jersey cerebral palsy lawyer can be a valuable ally to help guide you through the process.

Types of Lawsuits You Can File in New Jersey for a Child with Cerebral Palsy

There are two main types of lawsuits you may need to file in New Jersey if you have a child with cerebral palsy: medical malpractice and discrimination.

Medical Malpractice

Your child’s condition may be the result of medical negligence. If you can show that a doctor or other medical caregiver made an error and did not provide an adequate standard of care and that negligence led to your child’s diagnosis, you should file a lawsuit for medical malpractice.

Doing so holds doctors and hospitals accountable and allows you to recover damages for your child’s medical care.

Disability Rights and Discrimination

New Jersey law prohibits discrimination based on disability in housing, employment, public accommodation, and credit. Federal law also provides protection and expands to include education.[1]

If your child has experienced discrimination or has been denied access in public places or at school, you can file a complaint with a government agency to resolve the situation.

You can also file a private lawsuit to recover damages.

How to File a New Jersey Cerebral Palsy Medical Malpractice Lawsuit

The process for filing a medical malpractice lawsuit depends on state laws. The New Jersey laws can make it seem very complicated, but with the guidance of an experienced lawyer, you will be able to follow the process step-by-step to the end:

Statute of Limitations

The first law you need to be aware of is the New Jersey statute of limitations, which tells you how much time you have to file a medical malpractice lawsuit.

Generally, you have two years from the negligent act or two years from when you realized it happened.

In the case of minors, parents have until their child’s 13^th birthday to file.

How Much Compensation Can I Get for a Cerebral Palsy Lawsuit?

Next, you should talk to your lawyer about damages. This is the monetary award you are seeking to recover from the defendants.

Unlike many states, New Jersey does not cap noneconomic damages. You can seek as much as you think is fair for intangible costs like pain and suffering.

Provide your lawyer with all the documents and information needed to make an estimate. This includes medical records and bills, assessments of your child’s future care needs, and any expenses you have already covered related to your child’s condition.

Defendant Notification

Once you’re ready to begin the process, you will send the lawsuit information to the defendants. The defendants are required to respond. Be prepared that they will most likely deny any liability.

Affidavit of Merit

New Jersey law states that your next step must be to file an affidavit of merit. You must have this document filed within 60 days of the defendant’s response.[2] The testimony is a document signed by a qualified medical expert. The expert will have reviewed your case and agreed that it has merit.

Settlement Negotiations

If possible, your next move will be to resolve the lawsuit without ever going to court. Your lawyer can do this by negotiating a settlement on your behalf. The defendants must agree to settle. You have the final choice in accepting or rejecting that settlement offer.

Trial

Most people don’t get to the last part of the process, as most malpractice cases end in the settlement phase.

If that negotiation fails, you can proceed to court and a trial by jury. Your lawyer will argue your case, give evidence, and call on expert witnesses to convince the jury that negligence harmed your child.

The jury gets to decide and award damages, although either side can appeal and take the case to a higher court.

How to File a Discrimination Complaint in New Jersey

The New Jersey Law Against Discrimination prohibits discrimination in employment, housing, public accommodations, and credit.[3]

Federal laws like the Individuals with Disabilities in Education Act ban discrimination in education and guarantee disabled children a free and appropriate education.[1]

If you have experienced discrimination in school, your lawyer can help you file a complaint with the federal government.

If your child and your family have been discriminated against in public access or housing, you can file a complaint with the New Jersey Division on Civil Rights (DCR).

• You have 180 days to start the process by submitting the claim in person.
• The charge will be sent to the respondent, and the DCR will offer both of you the chance to mediate.
• You can also proceed to the investigation state. The DCR impartially investigates your case and determines whether there is probable cause for your allegations. If the finding is that there is no probable cause, the case is closed, although you can appeal.
• With probable cause, your case will proceed to a conciliation negotiation. The DCR will help both sides negotiate a satisfactory resolution to the problem and any necessary remediation. Or, you can go on to a public hearing if you cannot agree.

Your lawyer will help you present evidence and witnesses. An Administrative Law Justice will decide if the law was violated and, if so, what remediation you are owed.

Before filing a complaint or a medical malpractice cerebral palsy lawsuit, be sure you have a good lawyer to guide you. These processes can be slow and complicated.

Mistakes are easy to make if you don’t have experience and a deep understanding of New Jersey laws. Don’t settle for a general lawyer.

Find someone who specializes in these kinds of cases and has worked with families like yours. This is the best way to ensure that the filing process isn’t a waste of your time and that it brings good results for your child’s future.