Montana Cerebral Palsy Lawyer

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Contact a qualified Montana cerebral palsy lawyer if medical mistakes caused your child’s cerebral palsy. A lawyer experienced in medical malpractice cases knows state laws and can help you fight for justice. An experienced attorney can also assist you if your child has faced discrimination.

Do I Need a Montana Cerebral Palsy Lawyer?

One of the most important reasons you need a lawyer is to file a medical malpractice lawsuit. Some cases of cerebral palsy and resulting disabilities happen after an error in judgment by a doctor or other healthcare professional that could have been prevented.

A Montana cerebral palsy lawyer is a professional that can help you make a case and potentially get compensation for your child.

Even if any medical issues or malpractice cases have been resolved, you may need a lawyer who understands disability rights. Disabled children face discrimination at school and in the community.

Your child is protected under federal and state laws and is entitled to an appropriate education. If you believe your child is being denied these rights or is experiencing discrimination, the right lawyer can help you sue the parties responsible.

How Can a Montana Cerebral Palsy Lawyer Help My Family?

A lawyer will guide you through complicated legal processes and help you understand the laws that apply to your case.

Malpractice laws are cumbersome and confusing, and the right lawyer has relevant, in-depth knowledge that will help you feel more confident in the decisions you make for your child.

Also noteworthy is that a lawyer will give you the best possible chance of success in a medical malpractice lawsuit. Success means getting justice for your child and recognition of the harm caused.

It also means recovering damages to which your child is entitled.

Compensation from the responsible parties will help you provide the best treatment and even lifelong care for a child who may not be able to live independently.

Damages can also cover the suffering you and your child have endured and will continue to face.

A Montana cerebral palsy lawyer can also help guide other decisions. The right lawyer will help you make financial decisions, set up trusts for your child’s care, and draft important legal documents to ensure your child will be cared for if you cannot.

Your child may also face discrimination at school and later in life. Your lawyer can help ensure that your child gets access to educational opportunities and the special education services to which they are entitled under the law.

Montana Medical Malpractice Laws

While relying on a Montana cerebral palsy lawyer is essential in ensuring your child gets justice and any damages that help cover care, you should also be aware of the laws that apply in these cases.

Statute of Limitations

For instance, a crucial law all families must understand is the statute of limitations on medical malpractice cases.

In Montana, plaintiffs have two years from when the incident occurred or when it was discovered to file a lawsuit. The statute of repose bars lawsuits five years after the negligent incident, regardless of when it was discovered.

There is an exception for minors. If the negligence occurred before their fourth birthday, the statute of limitations begins on their eighth birthday.[1]

Damages Cap

Another relevant law to understand, which will affect how you approach a lawsuit, is a cap on non-economic damages. These are the costs of pain, suffering, and other factors that don’t have a specific monetary value.

Montana law does not let you recover more than $250,000 in non-economic damages.[2]

Application for Review of Claim

Montana also requires that you file an Application for Review of Claim before proceeding with your lawsuit.

An Application for Review of Claim should contain information about the negligence you are claiming, and it must be reviewed by a panel of three doctors and three lawyers.[3]

The panel determines if your case has merit. Its decision is not binding, but it can recommend a damages amount. It can also help you settle the case and avoid going to trial.

Disability Rights in Montana

The laws that govern your child’s rights as a disabled person can also be challenging to understand. They include both federal and state laws.

For instance, the Individuals with Disabilities Education Act is a relevant national law you need to know to support your child.

The education law entitles your child to a free and appropriate education[4]. This means your child should have access to the same education as any other child if it is reasonable.

How to Find a Montana Cerebral Palsy Lawyer

To find the best Montana cerebral palsy, check with the state bar association, local community groups for disabled rights, and parents of other children with disabilities. You need a lawyer with real experience working with families like yours.

Don’t settle for a general personal injury lawyer who lacks the depth of knowledge you need for a birth injury malpractice case.

Choose a lawyer with the necessary expertise and who makes you feel comfortable. This professional should be able to help you for years in planning your child’s future.

Take time to search for the best lawyer to have the best possible chance of winning for your child.