North Dakota Cerebral Palsy Lawyer

Page Written by Robert Wharton, Esquire

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North Dakota cerebral palsy lawyers are ready and waiting to help parents like you. If your child has recently been diagnosed with cerebral palsy and lifelong disabilities, you will need this lawyer on your side for a number of reasons. The most pressing is so that you can file a medical malpractice lawsuit on time and with the greatest success of recovering the damages to which your child is entitled.

Medical malpractice is too often the reason that a child develops cerebral palsy, a condition that causes disabilities and for which there is no cure. Depending on how severe your child’s disabilities are, the costs of care for decades to come could add up to millions. A good cerebral palsy lawyer will be able to help you make tough legal and financial decisions so you can give your child the best treatments and therapies.

Reasons to Hire a North Dakota Cerebral Palsy Lawyer

You may want to consider hiring a lawyer who specializes in helping people with cerebral palsy and disabilities for many reasons. There are, in fact, several good reasons to do this. And when you do hire that lawyer, never settle for a general lawyer or even a personal injury lawyer. The best person for the job has specific experience with families like yours and in the laws that govern disability rights and malpractice in North Dakota.

Any parent with a child diagnosed with cerebral palsy should consult an experienced lawyer as soon as possible for guidance on filing a medical malpractice lawsuit. There is too often a tragic mistake made that led to a child developing cerebral palsy. Doctors and other caregivers have a responsibility to meet a certain standard of care. When they don’t, they must be held accountable and the victims who suffered are entitled to compensation. Your lawyer is necessary to take the steps to make sure this happens.

Another reason to hire a lawyer now, regardless of whether you think malpractice played a role in your child’s condition, is to make a number of important legal and financial decisions. A child with lifelong disabilities means that you will have to set up finances and legal documents to ensure their ongoing care. Unfortunately your child may also experience discrimination or be denied the right to an appropriate education. Hire a lawyer to go up against those denying access and your child’s rights.

How Your Lawyer Will Help You

The best North Dakota cerebral palsy lawyer will give you peace of mind above all else. A huge amount of stress and pressure comes with trying to make the best decisions for your child. Your lawyer can’t make your decisions but can give you the information you need and good advice to make those choices a little easier.

When thinking of going up against the insurance teams protecting doctors and hospitals in a malpractice case, you may be afraid to proceed. It is a daunting task to follow through with and win a medical malpractice lawsuit, but a lawyer can help. The right legal team will take you through the process and give you the best chance of winning against powerful insurance lawyers. The money you may win in this case will help you help your child by covering the costs of care.

As your child gets older you may need to go up against yet more organizations and people, those denying access or rights. For instance, your local schools may not be following through with a special education plan for your child. Trying to force the schools to give your child needed tools and services is challenging, but a lawyer can help. Finally, your lawyer will be able to help you draft documents, set up trusts, make a conservatorship and proceed with a number of legal and financial actions throughout your child’s life.

Medical Malpractice Laws in North Dakota

To best help your child and make the right choices, you should rely on guidance from your lawyer but also rely on a basic understanding of the laws in North Dakota. The statute of limitations on malpractice cases limits when you can file and could cause you to miss your chance if you aren’t aware of it. You have two years after discovering negligence to file a lawsuit, in general. But for minors you have 12 years from the actual incident.

The state also has instituted a requirement that you submit an affidavit of merit to prove your case is not frivolous. This must be done before you can file and requires the signature of a qualified medical expert. The damages you can recover if you win your case were limited by state laws. Non-economic damages, for things like suffering or pain, were capped at $500,000 but it was challenged in the state Supreme Court.

North Dakota Cerebral Palsy Lawyers and Disability Rights

Once your child is old enough to go to school you may begin to face the issue of discrimination and denial of rights. Under the federal Individuals with Disabilities in Education Act, your child has a right to a free and appropriate education. If your schools are not providing everything needed to achieve that you have a right to challenge them.

The state of North Dakota also has laws that protect the disabled. This includes the North Dakota Human Rights Act. It ensures disabled residents access to public accommodations, housing, employment, and public services. Your lawyer will understand where to take your child’s case if you are going through a violation of rights.

Finding Your North Dakota Cerebral Palsy Lawyer

Searching for a lawyer as soon as possible is important. Your lawyer will help you make important decisions that can affect your child for life, beginning with whether or not to file a lawsuit and seek damages. To find the right lawyer, be sure you only hire someone with relevant experience helping similar families and winning cases.

There are a few places to look for a lawyer with the right specialty practice and area of expertise: the state bar association, other parents you know with disabled children, and any community groups that work with disabled people.

Finding the right lawyer for your child and family is essential. You may feel lost, unsure what to do after your child gets diagnosed with cerebral palsy. A North Dakota cerebral palsy lawyer will be your best ally in deciding what to do next and getting justice for the harm caused to your child.

Page Written by Robert Wharton, Esquire

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Robert Wharton is an experienced cerebral palsy and birth injury attorney. He has been selected multiple times as a “Super Lawyers – Rising Star”, and was honored as a “Top 40 Under 40” lawyer by the National Trial Lawyers Association.

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