Washington Cerebral Palsy Lawsuit Filing Process

Fact Checked

The Washington cerebral palsy lawsuit filing process follows state laws. The steps you need to take to seek justice for your child or resolve discrimination issues can be complicated. Before you begin the process of filing, take the time to get a basic understanding of the laws and procedures and work with an experienced cerebral palsy lawyer in the state.

Common Cerebral Palsy Lawsuits in Washington

• Medical malpractice. Medical malpractice occurs when a medical professional causes patients harm by failing to meet an adequate standard of care. In other words, if your doctor or another professional makes a mistake that led to your child’s diagnosis of cerebral palsy, you likely have a valid medical malpractice claim.
• Discrimination. Washington state law protects disabled people from discrimination in housing and public accommodations. Federal laws ensure disabled children get a free and appropriate education. If these laws are violated, you have a right to take action. You can file a complaint with a state or federal agency for resolution, but you can also sue those responsible and potentially recover damages.

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

Washington laws set out how medical malpractice cases must proceed, step by step. To get through this process smoothly and to have the best chance of a positive outcome, it helps to understand the laws that limit when and how you can file.

Statute of Limitations – Filing on Time

Washington limits most claims to three years from the incident or one year from when the patient discovered it. However, minors represent an exception, so your child may have until within one year of their 18^th birthday to file.[1]

Until recently, Washington also had a statute of repose of eight years. This hard deadline restricted a medical malpractice lawsuit from being filed more than eight years from when the incident occurred. The Washington Supreme Court declared the limitation unconstitutional in 2023.[2]

Damages – How Much Compensation Can You Get for Your Child with Cerebral Palsy?

Washington does not limit the amount you can recover from a medical malpractice lawsuit.[3] The state did cap damages in 1988, but the Washington Supreme Court quickly ruled it unconstitutional.

Consult with your attorney on medical bills and other expenses related to your child’s condition. Damages include past, current, and future expenses. Many cerebral palsy cases in Washington are worth millions of dollars. 

Filing the Lawsuit – Mediation

Your lawyer will file the lawsuit on your behalf, submitting a complaint that details the allegations you’re making and naming the defendants. The state requires that your next step is to participate in mediation. The purpose of mediation is to prevent trials which are lengthy and costly.

Your lawyer will negotiate on your behalf and try to get a fair settlement amount. Avoiding a trial is beneficial to both sides.

Going to Trial – Jury Decision

If mediation fails, you can proceed to a trial by jury. In court, your lawyer will present evidence and call on witnesses to make your case to the jury.

The jury decides whether or not the defendants are negligent and if they owe you damages. You or the other side may appeal the jury decision, carrying the case further to a higher court in the state.

How to File a Discrimination Complaint or Lawsuit in Washington

The Washington State Human Rights Commission handles cases of discrimination in housing and public accommodations, areas where your child may have issues.[4]

For instance, a landlord may refuse to rent to you because your child needs a wheelchair ramp, or a bus may not be able to accommodate your child’s chair.

You’ll file a complaint with the Commission to resolve these situations, which triggers an investigation. You will likely go through mediation or conciliation led by the Commission to try to bring a resolution that both sides can agree on.

If there is no resolution, you may have a public hearing to determine whether discrimination occurred and whether it did what you are owed.

Your lawyer can help you file with the U.S. Department of Education for education issues.[5]

Washington also allows private legal action. This means you can file a lawsuit against those responsible for any discrimination incident.

Hiring a Lawyer for the Lawsuit Filing Process

The process of filing a cerebral palsy lawsuit in Washington is complicated and requires someone with in-depth knowledge of the relevant law.

You need a lawyer who understands these cases and has worked with similar clients. Ideally, your lawyer or law firm will specialize in medical malpractice, disabilities, cerebral palsy, or discrimination.

You can find a lawyer with these specialties by doing an online search, checking with the state bar association, or consulting with someone you know in a similar situation.

Additionally, any local groups that work with disabled children may be able to refer you to someone with the right experience.

When you realize it’s time to take action on behalf of your disabled child, you may not be sure what steps to take.

Learning more about the lawsuit filing process helps, but the most important thing you can do is find a Washington cerebral palsy lawyer who will fight hard on your behalf and for your child’s future.