• 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
    • 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 > West Virginia Cerebral Palsy Lawsuit Filing Process
Last Updated: May 13, 2022

West Virginia 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 have a child diagnosed with cerebral palsy, you have the legal right to file a lawsuit for both medical malpractice and, if needed, discrimination. Gain a better understanding of the West Virginia cerebral palsy lawsuit filing process and the state laws that govern it before starting. You also need the right West Virginia lawyer experienced with cerebral palsy clients to guide you through it.

What Kind of Lawsuit Can I File in West Virginia for My Child with Cerebral Palsy?

A child with cerebral palsy may have suffered at the hands of a medical professional. They could also go through discrimination in the future. These situations are typically why parents file a cerebral palsy lawsuit.

Medical Malpractice Lawsuits

You may suspect your child wouldn’t be disabled if it weren’t for negligent medical mistakes. When any medical professional fails to provide an adequate standard of care, resulting in harm to the patient, it is considered malpractice.

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

Get Help Now

A medical malpractice lawsuit can be filed according to steps outlined by West Virginia law. While the process doesn’t always favor victims, it is possible to get justice for the harm caused to your child and to recover damages that will help pay for treatments and care.

Discrimination Complaints and Lawsuits

As your child gets older, your family may experience discrimination. West Virginia and federal laws prohibit discrimination by disability, and you can take legal action if it happens to your family and your child.[1]

State law covers discrimination in public places and housing, while federal laws ensure your child gets a free and appropriate education.[2]

Filing a complaint or lawsuit can help you resolve any situations of discrimination, improve access, and ensure better services for your child.

What Kind of Lawyer Do I Need for the Cerebral Palsy Lawsuit Filing Process?

Hiring the best lawyer is one of the most important things you can do to win your case. In a medical malpractice case, you’ll likely go against teams of lawyers from doctors’ insurance companies.

In discrimination cases, you have to navigate the complicated bureaucracy of the government.

In either case, you will have a much better chance of success if you rely on the right legal expert. Look for a lawyer or firm specializing in disabilities, cerebral palsy and birth injuries, discrimination, and medical malpractice.

A general practice lawyer usually does not have the right experience or depth of knowledge to navigate these complicated lawsuits.

How Do I File a Cerebral Palsy Medical Malpractice Lawsuit in West Virginia?

Every state has its laws regarding how to file and proceed with a medical malpractice lawsuit. The more you know about these laws in West Virginia, the easier the process will be. Even with an experienced lawyer to help you, it is helpful to have some background knowledge to make informed decisions.

  • Statute of Limitations. West Virginia’s statute of limitations on malpractice cases is two years from the incident or two years from when you realized there was an incident that harmed your child. The burden of proof falls on you to show you couldn’t have discovered it sooner. You cannot file more than ten years from the incident, even with the exception.[3]
  • Damages. It is helpful to know what to expect in terms of recovering damages, but keep in mind that your attorney can only give a ballpark figure. Provide all the relevant medical bills, records, and related expenses. Also, be aware that state laws limit non-economic damages to $500,000.
  • Filing and Notifying Defendants. Your lawyer can file the lawsuit for you, which means submitting a document that details your allegations of medical negligence and malpractice. Within 30 days of doing this, you must also notify all the defendants named in the filing.
  • Certificate of Merit. West Virginia also requires that you submit a certificate of merit with your filing. You must have a qualified medical expert review your case and sign this document indicating that negligence likely occurred.[4]
  • Settlement Negotiations. Once you have cleared the above hurdles, your lawyer might recommend seeking an out-of-court settlement. The defendants may agree to negotiate, and your lawyer will try to get you a fair amount. You have the final decision to accept or reject offers.
  • Trial. If you cannot agree on a fair settlement, your case can go to court. Your lawyer will represent you, present the evidence for negligence and bring experts to testify. A jury will decide will ultimately decide the outcome of your case.

How Do I File a Discrimination Complaint or Lawsuit?

West Virginia allows you to file a private lawsuit to resolve an incident of discrimination and try to recover damages. However, you will probably first go through a government agency in most cases. You will file a complaint with the West Virginia Human Rights Commission for housing and public accommodations issues.[5]

  • You have 365 days to file an official complaint in person or over the phone.
  • A Commission investigator will look into the incident and your allegations.
  • The investigator will decide whether there is evidence of discrimination.
  • If you decided in your favor, you would go through a conciliation process to resolve and settle the situation with those you are accusing.
  • If the conciliation fails, you will have a public hearing.
  • The judge in the hearing will give a final decision, but you do have the right to appeal it.

You can also file a private lawsuit in these situations. And, for any issues in education, such as not getting adequate special education services, your lawyer will help you file a complaint with the federal government.

Filing a lawsuit on behalf of your child with cerebral palsy can seem intimidating, but you’ll be better prepared when you understand the process.

Find the right lawyer, and together you can win a better future for your child.

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. Individuals with Disabilities Education Act (IDEA). (n.d.). Individuals with Disabilities Education Act. U.S. Department of Education.
    Retrieved from: https://sites.ed.gov/idea/
  3. 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
  4. 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
  5. Human Rights Commission. (n.d.). West Virginia Human Rights Commission.
    Retrieved from: https://hrc.wv.gov/Pages/default.aspx
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