Wisconsin Cerebral Palsy Lawsuit Filing Process

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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.

What Kinds of Lawsuits Can I File for 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

If medical professionals caused harm that led to your child’s condition, you might want to file a medical malpractice lawsuit. 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 Claims

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.

File a complaint with a government agency and follow through with the procedure. In Wisconsin, the law also allows private action, such as filing a civil lawsuit.

Finding the Right Lawyer for Your Cerebral Palsy Lawsuit

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

How Do I File 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 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. According to the discovery rule, you can have one year from discovering that the negligence occurred as long as it is no more than five years from the actual incident. For minors, the limit can be extended to their 10th birthday.[1]
• Estimate damages. Before proceeding, talk to your lawyer about how much you can expect to recover in damages. Wisconsin caps noneconomic damages at $750,000. The cap was challenged in court but upheld by the Wisconsin Supreme Court.[2] 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 allege happened and names and notifies the defendants. The complaint begins the lawsuit, allowing each side to collect evidence and build a case.
• Request mediation. Wisconsin law requires that anyone filing a medical malpractice lawsuit go through mediation with the defendants. This process is designed to prevent cases without merit and to settle lawsuits out of court. A panel of three neutral mediators conducts the mediation. If the process fails, you can proceed with a lawsuit.[3]
• Attempt to settle. Most defendants are ready to settle out of court, even if they do not admit liability and even if mediation fails. 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. The filing process begins with a formal complaint, followed by an investigation by the Division.[4]

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.