Cerebral Palsy Settlements

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Cerebral palsy settlements help parents seek justice and compensation for their children harmed by medical malpractice. A settlement begins with a lawsuit that is often resolved out of court. The time to get compensation from a settlement is typically shorter than going to trial.

What Is a Cerebral Palsy Settlement?

A cerebral palsy settlement is defined as two parties, you and the defendant, agreeing to settle the lawsuit out of court for a specified amount of compensation.[1]

In most instances, these medical malpractice lawsuits end in settlements before they reach trial, especially if the evidence against the defendant is overwhelming. Settlements are favorable because jury decisions cannot be guaranteed.

How Are Settlements Negotiated?

After your attorney presents evidence of medical neglect, the other party will see the evidence against them. The more supporting evidence your cerebral palsy attorney shows, the better the chances are that the case will settle for a fair amount.

Of course, the amount the defendant is willing to settle on will depend on how severe your child’s disorder is and the degree of their negligence.

For example, your child has a mild case of cerebral palsy and doesn’t require much medical care. In that case, the settlement amount will be lower than that of a child with severe cerebral palsy and a host of associated disorders.

How Much Compensation Can I Get for a Cerebral Palsy Settlement?

There aren’t clear-cut guidelines that attorneys follow when determining the value of a cerebral palsy case. Numerous factors help them determine the best settlement amount, including:

• The child’s medical bills, including past, present, and future
• Other care needs, such as home care or mobility devices
• The estimated loss of future earning potential
• A parent’s lost earnings from staying home to care for the child
• Noneconomic costs, like physical and emotional suffering and loss of enjoyment of life[2]

Examples of $9 Million Cerebral Palsy Settlement

In January 2014, the parents of a young boy with cerebral palsy won a settlement of $9 million.

According to court documents from the federal court in Honolulu, Noah Whitney was born with a “catastrophic brain injury” due to medical mistakes that occurred at the Tripler Army Medical Center in Honolulu, Hawaii.[3]

The lawsuit alleged that on September 7, 2010, the staff at the medical center didn’t appropriately respond to the infant’s mother when she developed a uterine rupture.

In turn, they failed to perform an emergency cesarean section due to a “failure to notify and consult the obstetrician who had been managing promptly.”

The medical mistakes led to baby Noah developing severe brain damage and cerebral palsy. He will require 24-hour care for the rest of his life.

The family will be paid a lump sum of $5 million, with the remaining $4 million paid in disbursement throughout Noah’s life. Although settlements are typically confidential, they become public if they involve a government institution.[4]

Do I Need a Lawyer to Get a Cerebral Palsy Settlement?

Yes, you need an experienced cerebral palsy lawyer to file a lawsuit and successfully negotiate a settlement. The right lawyer will provide an initial consultation to answer your questions and review your case.

They will explain how strong your case is, if a lawsuit is the right step to take, and what you might expect in a settlement. While, technically, you do not have to work with a lawyer, your chances of getting a settlement without one are minimal.

Frequently Asked Questions About Cerebral Palsy Settlements

What Are Damages?

Damages is a term used to describe the different types of compensation to which you’re entitled in a settlement. For example, general costs, also known as noneconomic damages, compensate for emotional stress, physical pain, loss of enjoyment of life, and similar injuries.

On the other hand, economic damages provide compensation for medical expenses, rehabilitation costs, educational costs, loss of gainful employment, and related issues that affect finances.

Is There a Minimum or Maximum Amount of Damages I Can Get for My Settlement?

There is no minimum amount you can get in a cerebral palsy settlement. Some states have caps on the maximum amount you can receive, but this amount will vary significantly. States with damages caps only limit noneconomic damages. You can seek as much in economic damages as you want.

What if the Settlement Offer Is Too Low, and I Don’t Want to Take it?

It’s ultimately up to you whether you agree to a settlement amount. If you feel that the offered settlement amount is too low, you can refuse the offer, which is understandable, as caring for a child with cerebral palsy often means expensive medical treatments and other associated costs.

Keep in mind that just because you refuse a settlement offer, it doesn’t automatically mean that your case will go to court. Your attorney will generally try to negotiate a higher settlement amount on your behalf.

When Do I Get My Settlement Compensation?

Once it’s been negotiated, the settlement process generally takes two to six weeks to sign all the documents and forms. It also lets your attorney and the defendant’s insurance company get everything in order.

You may receive your settlement in full, or you may receive a lump sum followed by regular monthly payments. Your attorney will discuss the specifics with you.