North Carolina Cerebral Palsy Lawsuit Filing Process

Fact Checked

In North Carolina, the process of filing a cerebral palsy lawsuit can be intricate. As a parent with a child diagnosed with this condition and living with disabilities, taking legal action may not be at the forefront of your mind. Yet, if your child was injured due to medical negligence, a lawsuit could be what you need to help recover damages.

Learn more about the cerebral palsy lawsuit filing process before you begin this journey. Knowing more about it can make the process easier. It is also important to rely on a North Carolina 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 harmed 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.

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 be sure 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 have to 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 the allegations you are making 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

Your child has a right to live free from discrimination based on disability according to the law. 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, which may include an impartial investigation, a mediation session, and a public hearing. In some situations, you may also be allowed to file a private lawsuit against those responsible.

For education discrimination, you may need to file a complaint with the federal government. The U.S. Department of Education Office for Civil Rights handles complaints related to discrimination based on disability in schools. 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 what you ultimately will need is 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 area of specialty.

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 your immediate care. But legal action can benefit your child in the long run, providing better access, more rights, and damages to cover the costs of care and treatment. With the right lawyer to help you, this process can be a lot less intimidating.