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A New Jersey cerebral palsy lawyer is a great ally to have for a family with a child diagnosed with this condition. Cerebral palsy is too often triggered by brain damage that resulted from medical negligence.
The right lawyer, with experience handling these kinds of cases, can determine if your child is a victim of neglect and take you through a medical malpractice lawsuit to seek justice and recover compensation.
As your child with cerebral palsy and disabilities grows, you may also face other legal needs. A good lawyer who understands federal and New Jersey disability rights laws and financial and legal issues surrounding disabilities will be able to guide the decisions you make. Legal action to protect your child’s rights and ensure ongoing care may be necessary.
Reasons to Hire a New Jersey Cerebral Palsy Lawyer
There are many legal and financial consequences of having a child with cerebral palsy. One of the most immediate is the possibility that a doctor, nurse, or other medical caregiver made a mistake or failed to provide adequate care for you and your child.
If that mistake or lapse in judgment caused brain damage and resulting cerebral palsy, you may want to file a medical malpractice lawsuit. You will need a good lawyer for this challenging, complicated process.
Another reason to have a lawyer your family trusts is that people with disabilities often face discrimination, are denied opportunities or are denied access. Laws are in place that protects your child from these situations, and that means you may need to take legal action to get your child everything he or she deserves.
For instance, you may need guidance for what to do if your child’s school isn’t providing the equipment, specialists, or services you believe are necessary for an appropriate education or if your child is being kept out of regular education classrooms.
In addition to these primary reasons for needing a New Jersey cerebral palsy lawyer, you may also find that over the years, you will need occasional advice and guidance for smaller issues. These may include financial decisions, legal wills, and other documents, and getting government or insurance benefits.
How a New Jersey Cerebral Palsy Lawyer Helps Your Child and You
Having an expert on your side in legal and financial matters is helpful in many ways. For you, as the parent, it can mean peace of mind. Knowing you are getting good advice and that someone you trust is leading your lawsuits and other legal moves take a significant burden from your shoulders. It allows you to focus on the day-to-day care of your child.
Your lawyer will help you with valuable legal decisions and processes. Trying to file a lawsuit, prove malpractice, draft a document, or go up against government agencies for benefits you believe your child is owed can be daunting, challenging, and nearly impossible. With the right lawyer by your side, you have a much better chance of succeeding in all these efforts.
Perhaps most importantly, your lawyer will give you the best possible chance of recovering damages in a malpractice case. Your child may be entitled to a large sum, which could make the difference for just scraping by and being able to give your child the best possible care and more opportunities.
How to Hire a Specialty Lawyer
When beginning your search for a lawyer, you must choose someone who truly specializes in cerebral palsy, birth injury, and disability rights and laws. A general personal injury lawyer may be excellent but will not have the relevant experience or in-depth knowledge of the requirements needed to give you the best chance of recovering the money your child needs.
There are a few ways to find a good, New Jersey cerebral palsy lawyer for your child. One is to turn to the state’s bar association, which can point out lawyers with particular specialties. You will also know these lawyers are in good standing.
You can also try local organizations that work with and for disabled people. They likely know a lot of good lawyers who can help you. Finally, check with other parents in your community who have disabled children. Many other parents have been through this same experience and can make recommendations.
Medical Malpractice and Disability Rights in New Jersey
Facing a malpractice lawsuit is one of the most important things you’ll do for your child. Your lawyer can guide you through the process and make the New Jersey laws governing these cases a little clearer. Relevant state law to understand right away is the statute of limitations.
The statute of limitations limits lawsuits to two years from when you discovered negligence occurred. For cases of birth injuries, you have until your child’s 13th birthday, but no later.
A fundamental reason to rely on the right New Jersey cerebral palsy lawyer is to get through the process of filing an affidavit of merit. The state requires that you show, with the help of a qualified medical expert, that your case has quality and is not frivolous. Without this, you cannot proceed with your case.
For legal matters related to discrimination and denial of access to education, your lawyer will rely on both state and federal laws. Several federal laws ensure your child receives free and appropriate education.
This is interpreted to mean that the schools must provide your child with special education services, technologies, and other devices for an education that is equivalent to what other children receive. The state’s Division on Civil Rights can also help ensure access and opportunities.
Notable Cerebral Palsy Cases in New Jersey
New Jersey cerebral palsy lawsuits are always working hard to win cases for victims of medical malpractice. They are often successful. In one recent case, a plaintiff was awarded $20 million by a jury in a lawsuit over severe brain injury in a newborn.
The plaintiff gave birth to twins in 2011. One of those babies developed a condition in the womb, which was noted in a monitor of fetal distress at 33 weeks.
The distress report wasn’t sent to the woman’s obstetrician until several days later. That delay in treatment caused brain damage and resulting in disabilities after birth. The plaintiff’s lawyers made the case that the standard of care for the mother and her babies was not met, and the jury agreed.
The little girl received $11 million for her future treatments and $8 million for disabilities. The jury also awarded the parents $1 million.
Hiring a New Jersey cerebral palsy lawyer is one of the most important things you can do as the parent of a child with this condition. You need this expert and legal specialist on your side as you fight for justice against the medical care providers who failed your child.