A child living with cerebral palsy will have lifelong healthcare needs and costs. The more severe the disabilities, the greater the costs will be, possibly even running into the millions of dollars over a lifetime. This child will likely also face discrimination and lack of access to opportunity, at school and then later in public spaces and at work.
If you have a child with cerebral palsy, you need the best Montana cerebral palsy lawyer to guide your legal and financial decisions. There is a chance that your child’s disabilities resulted from medical malpractice. A lawyer experienced in these cases and knowledgeable of the laws in the state can help you fight for justice for your child and give you a good chance of recovering damages to pay for ongoing treatments and care.
Do I Need a Montana Cerebral Palsy Lawyer?
If you live in the state and have a child with cerebral palsy, chances are you need this lawyer. One of the most important reasons you need a lawyer is to file a medical malpractice lawsuit. Many cases of cerebral palsy and resulting disabilities are the result of an error in judgement by a doctor or other healthcare professional that could have been prevented. A Montana cerebral palsy lawyer is the professional that can help you make a case and get justice and compensation for your child.
Even if any medical issues or malpractice cases have been resolved you still may need a lawyer who understands disability rights. Disabled children face discrimination at school and in the community. Your child is protected under federal state laws and is entitled to access and education. If you believe your child is being denied these rights or is experiencing discrimination, the right lawyer will be able to help you face the parties responsible.
How a Montana Cerebral Palsy Lawyer Can Help You and Your Child
A big way in which a lawyer will help your family is by guiding you through difficult legal processes and helping you understand the laws that apply to your case. Malpractice laws are complicated and confusing, and the right lawyer will have a deep knowledge that will help you feel more confident in the decisions you make for your child.
Also important 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. This includes the money that will help you provide the best treatment and care and even lifelong care for a child that may not be able to live independently. Damages can also cover the suffering you and your child have been through and will continue to face.
A Montana cerebral palsy lawyer can help guide other decisions too. The right lawyer will help you make financial decisions, set up trusts for your child’s care, and draft legal documents that are important for ensuring your child will be cared for in the event that 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 to cover care, you should also be aware of the laws that apply in these cases. An important law all families must understand, for instance, is the statute of limitations on medical malpractice cases. In Montana you have two years from when the incident occurred, or from when you should have reasonably become aware of it, to file a lawsuit. After July 1, 2019 this will change to three years.
Another important law to understand, which will affect how you approach a lawsuit, is a cap on non-economic damages. These are the costs associated with pain, suffering, and other factors that don’t have a specific monetary value. Montana law does not let you recover more than $250,000 for these kinds of costs.
Montana also requires that you file an Application for Review of Claim before you can go to trial with your lawsuit. This is information about the negligence you are claiming and it must be reviewed by a panel of three doctors and three lawyers. The panel can decide if your case has merit and if it can proceed. The panel can also settle your case, but if you are allowed to proceed and go to trial the panel’s decision is not admissible in court. This review panel is an important reason why you need a lawyer on your side. It is difficult to get this far without a legal expert.
Disability Rights in Montana
The laws that govern your child’s rights as a disabled person can also be difficult to understand. They include both federal and state laws. For instance, an important federal law that you need to know to support your child is the Individuals with Disabilities Education Act. This law entitles your child to a free and appropriate education. It means your child should have access to the same education as any other child, as long as it is reasonable. Your lawyer will know whether one of the federal laws applies to your child or whether you need to file under the Montana Human Rights Act.
Finding Your 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 the lawyer with the 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 so that you can have the best possible chance of winning for your child.