• 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
    • Support Groups
    • 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 > North Carolina Cerebral Palsy Lawsuit Filing Process
Last Updated: May 12, 2022

North Carolina 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.

The North Carolina cerebral palsy lawsuit filing process is complicated. Learn more about it before you begin this journey because knowledge can make the process easier. It is also important to find a cerebral palsy lawyer with experience handling these kinds of cases.

Types of Lawsuits to File for a Child with Cerebral Palsy in North Carolina

If the idea of filing a lawsuit seems foreign to you, it’s important to learn more about your options. There are a couple of types of legal action you can take now or in the future that will benefit your disabled child:

Medical Malpractice Lawsuit

Medical malpractice is a legal situation in which a medical professional harms a patient through negligence, failing to provide an adequate standard of care. A medical malpractice lawsuit can result in injustice for your child and payment of damages to cover medical and related expenses.

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

Get Help Now

Discrimination or Disability Rights Complaint or Lawsuit

As your child gets older, discrimination can become an issue. Your child may be denied access to public spaces or special education services and accommodations at school.

To resolve the situation and ensure your child gets what they need, you can file a complaint with a state or government agency. In some cases, you can also take private legal action, filing a lawsuit against those responsible for recovering damages.

How to File a Cerebral Palsy Medical Malpractice Lawsuit in North Carolina

To file a lawsuit for medical malpractice, you have to be prepared to follow a specific process based on North Carolina laws. Every state sets its own rules regarding medical malpractice cases and the steps you must take. Make sure you understand these before beginning the filing process:

  • Statute of limitations. The statute of limitations limits when you can file a medical malpractice lawsuit. In North Carolina, the law gives you three years from the negligent incident to file or one year from when you realized it happened.[1] If you follow the latter law, the lawsuit can be filed no more than ten years after the incident.
  • Damages. Every state also handles damages differently. Discuss with your lawyer how much you expect to recover for actual costs, known as economic damages, and provide them with all relevant medical bills, records, and related receipts. North Carolina limits only the amount you can recover for non-economic costs, such as pain and suffering, but that cap is being challenged as unconstitutional.
  • The Complaint. Unlike many states, North Carolina does not require that you file an affidavit of merit or go before a review panel. You can go ahead and file a complaint. Your lawyer will draft and send this document, which details your allegations and notifies the defendants. The defendants will have time to respond, and they will most likely deny any liability in your child’s condition.
  • Settlement negotiations. Although they will probably deny being responsible, most defendants are willing to try to settle malpractice lawsuits out of court. In this situation, your lawyer will use the evidence collected about your case to negotiate a fair settlement for you and your child. You have the right to accept or reject any offers.
  • Trial. If neither side can agree on a settlement, you can go to court with your lawsuit. Both sides will have time to investigate, gather witnesses, take depositions, and otherwise prepare. Your lawyer will represent you in court, presenting the evidence and offering expert testimony to make your case. The jury makes the final decision in your favor or the defendants’ and awards any damages.

How to File a Discrimination Complaint in North Carolina

According to the law, your child has a right to live free from discrimination based on disability. Unfortunately, discrimination still happens, and rights are denied. North Carolina’s Civil Rights Division handles complaints about discrimination in employment in housing.[2]

While employment won’t’ be an issue for your child, your family may experience housing discrimination because of disabilities and accommodations needed for your child. You can file a complaint with the Division.

Your lawyer can help you do this and then follow through with the process, including an impartial investigation, a mediation session, and a public hearing. You may also be allowed to file a private lawsuit against those responsible in some situations.

You may need to file a complaint with the federal government for education discrimination.

The U.S. Department of Education Office for Civil Rights handles complaints related to education. For instance, if your child is not provided needed accommodations, such as a wheelchair ramp or access to the playground, you can file a complaint.[3]

Keep in mind that your child has a right to a free and appropriate education under the federal Individuals with Disabilities in Education Act.

How to Find a North Carolina Lawyer for Filing a Cerebral Palsy Lawsuit

Knowing more about the lawsuit filing process can help, but you will ultimately need a lawyer with experience and expertise in disability rights, cerebral palsy, and medical malpractice. The state bar association can help you search for a lawyer with the right specialty area.

Make sure you only settle for someone who has helped clients like your child in the past and has been successful in winning them justice and damages.

The process of filing a cerebral palsy lawsuit may seem like an impossible task, especially when your child needs immediate care. But legal action can benefit your child in the long run, providing better access, more rights, and damages to cover care and treatment costs.

With the right lawyer to help you, this process can be a lot less intimidating.

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. NC OAH: Civil rights division. (n.d.). NC Office of Administrative Hearings.
    Retrieved from: https://www.oah.nc.gov/civil-rights-division
  3. How to file a discrimination complaint with the office for civil rights. (2020, January 10). U.S. Department of Education.
    Retrieved from: https://www2.ed.gov/about/offices/list/ocr/docs/howto.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 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