Wisconsin Cerebral Palsy Lawsuit Filing Process

Fact Checked

The Wisconsin cerebral palsy lawsuit filing process can be complicated. It’s important to understand state laws that outline how to file medical malpractice cases and discrimination complaints. Rely on an experienced Wisconsin cerebral palsy lawyer to help you get the best results for your child.

Lawsuits You Can File over Cerebral Palsy in Wisconsin

You may not have considered legal action yet, which is understandable as you try to come to terms with a diagnosis of cerebral palsy. There are important reasons to consider filing a lawsuit on behalf of your child, not least of which is the opportunity to get the compensation that will help you provide better care.

There are two main types of lawsuits you may want to file:

Medical Malpractice Lawsuits

You might want to file a medical malpractice lawsuit if medical professionals caused harm that led to your child’s condition. Medical mistakes that harm a patient can be considered negligent, and that means you may be able to recover damages through a lawsuit.

If you aren’t sure you have a case, an experienced lawyer can advise you.

Discrimination and Disability Rights Filing

If you think your child has been discriminated against or is not receiving accommodations and services allowed under the law, you can take action to remedy it. The most likely move for this kind of case is to file a complaint with a government agency and follow through with the procedure.

In Wisconsin, the law also allows you to take private action, meaning you can file a civil lawsuit.

Finding the Right Lawyer for the Filing Process

It’s vital that if you decide to file a lawsuit, you don’t try to go it alone or rely on a lawyer without specific expertise in these areas.

The lawsuit filing process for cerebral palsy cases requires specialized knowledge. Don’t settle for someone who practices another type of law or general personal injury law.

Start with an online search and a search of the state bar association to find someone specializing specifically in cerebral palsy, birth injuries, medical malpractice, disabilities, and discrimination.

Contact any parents you know with disabled children or local groups that work with disabled kids to get a referral.

In your search, be sure to find out that a lawyer has relevant experience and proven wins in cases like yours before you commit.

Also, get answers to any questions you have before making a final choice and ensure that you are working with someone who makes you feel comfortable and who you believe will fight for your child.

The Process for Filing a Cerebral Palsy Medical Malpractice Lawsuit in Wisconsin

Each state sets its laws for how medical malpractice cases are filed and how they proceed, whether they are for cerebral palsy or other conditions. Understand these laws and the steps you’ll need to get through before filing:

• Know the statute of limitations. Wisconsin’s statute of limitations on filing a medical malpractice lawsuit is three years from when the negligence that harmed your child occurred. Alternatively, you may have until three years from when you discovered that the negligence occurred as long as it is no more than five years from the actual incident.[1]

• Estimate damages. You should talk to your lawyer about how much you can expect to recover damages before proceeding to ensure the efforts will be worth the outcome. Fortunately for victims of medical negligence in the state, Wisconsin’s limit on how much you can recover for non-economic damages was declared unconstitutional. Give your lawyer access to all relevant documents for expenses related to your child’s condition so that you can get a reasonable estimate.

• File the complaint. When you’re ready, and as long as you are within the statute of limitations, your lawyer will file the claim. This document outlines what you are alleging happened and names and notifies the defendants. The complaint begins the lawsuit and allows each side to collect evidence and build a case.

• Attempt to settle. Most defendants are ready to try to solve out of court, even if they do not admit liability. A settlement is shorter and less expensive. Your lawyer will negotiate on your behalf and try to get you a fair amount. If you don’t like the offer, you have a right to reject it and take your case to trial.

• Go to court if necessary. If you go to trial, the jury will decide if the defendants were negligent.

The Process for Filing a Discrimination Complaint

Wisconsin’s Equal Rights Division takes discrimination complaints about housing and public accommodations.[2] The filing process begins with a formal complaint, followed by an investigation by the Division.

You may be required to attempt to mediate, but the investigation can also determine the probable cause or no probable cause for discrimination.

You may get a public hearing if there is a probable cause, but you cannot resolve the situation through guided meditation.

The decision made at the hearing could lead to actions to remedy the situation or even damages.

You can also file a lawsuit to recover damages from those responsible. Your lawyer can help you with this process and also help you file with the federal government if you have an education complaint.

Consider filing a cerebral palsy lawsuit in Wisconsin if you have a child with this condition. Doing so can lead to compensation for your child, a sense of justice, and the ability to provide your child with a better future.