Cerebral Palsy Lawyers

An experienced cerebral palsy lawyer can help families pursue justice against the medical professionals that caused their child’s birth injury. Hiring an attorney can help families file a lawsuit to receive financial compensation to pay for their child’s treatment.

cerebral palsy lawyers

What Is a Cerebral Palsy Lawyer?

Cerebral palsy lawyers are attorneys that specialize in cerebral palsy lawsuits. Taking legal action with the help of an experienced cerebral palsy attorney can help your family access financial compensation to help pay for your child’s cerebral palsy treatment.

Financial compensation can help pay for:

  • Assistive devices
  • Medication
  • Occupational therapy
  • Physical therapy
  • Speech therapy
  • Surgery
  • Other health care and medical expenses

Cerebral palsy lawyers will represent cases of all types of the condition including spastic, ataxic, athetoid, and mixed type cerebral palsy.

Since birth injury attorneys are responsible for presenting your child’s case in court, it is incredibly important to work with an experienced lawyer you can trust.

Attorneys that specialize in medical malpractice are better equipped to represent you in court. Birth injury lawyers have access to a multitude of resources and expertise to help your family pursue legal justice.

When Should I Hire a Cerebral Palsy Lawyer?

One of the most important aspects of pursuing legal help is consulting with an experienced cerebral palsy attorney as soon as possible.

Lawsuits for cerebral palsy carry a statute of limitations. This law is a designated period of time in which someone can pursue legal action. Once this time has expired, you may not be able to file a claim.

Since the statute of limitations can vary for each state, it is important to consult an experienced attorney to file your lawsuit within the proper time frame. Expert lawyers have experience filing in multiple states, so it is crucial to consult a lawyer familiar with the area of your case.

Experienced cerebral palsy lawyers will give you a free consultation to determine your case value and the appropriate time to file your lawsuit.

It is important to determine the potential causes of your child’s cerebral palsy as soon as you can. In most cases, a cerebral palsy diagnosis is made before a child reaches the age of two.

Contacting cerebral palsy lawyers before your child enters toddlerhood can ensure you have a valid case that is also within the statute of limitations.

What to Look for in a Cerebral Palsy Attorney

It is important to look for cerebral palsy attorneys with experience and resources that can help you win your lawsuit and represent your best interests in court.

Parents should feel comfortable and confident in their lawyer, so it is important to take the time to find a cerebral palsy attorney with the qualities discussed below.

1. Expertise

Lawsuits for cerebral palsy are one of the most complicated types of medical malpractice cases. The insurance carriers defending these cases on behalf of medical care providers hire skilled lawyers to defend them and employ experts to dispute medical error claims.

Cerebral palsy lawyers will have access to nationally renowned medical experts. These medical experts have expertise in obstetrical standards of care, maternal-fetal medicine, fetal distress interpretation, neonatal medicine, brain injuries, and neuroradiology.

Cerebral palsy lawyers have developed the expertise to handle these types of lawsuits against negligent medical professionals. During your free consultation, ask the cerebral palsy attorney if they have achieved any certifications of competence or peer-reviewed recognition.

2. Experience

When seeking a cerebral palsy attorney, it is important to consult lawyers that have prior experience handling birth injury medical malpractice cases.

An experienced attorney will be able to gather valuable information to help prove your child’s cerebral palsy was preventable and caused by medical negligence. Cerebral palsy lawyers are able to access medical records and other documents to support your case.

It is important to ask your lawyer to detail their experience in representing cases that are similar to your own.

3. Successful Track Record

In addition to experience, it is important that your cerebral palsy attorney is successful in winning birth injury lawsuits.

Although results vary by each case, cerebral palsy lawyers with a track record of securing compensation in cerebral palsy cases are more likely to win lawsuits.

Ask your cerebral palsy attorney about their track record in handling successful cases.

4. No Upfront Fees

Most cerebral palsy lawyers work on a contingency basis. This means that parents do not have to pay any legal fees unless they win their case.

Parents should rest assured knowing that most cerebral palsy lawsuits require no upfront costs or fees — even if you lose your case.

If your lawyer is requiring any upfront costs, this could be a sign that they are not fully confident in their ability to take on your case. Working with a lawyer on a contingency basis can alleviate any financial burdens on parents during the lawsuit.

5. National Reach

Cerebral palsy lawyers that work at national birth injury law firms have plenty of experience handling medical malpractice cases around the country.

Lawyers with national reach will be able to file your lawsuit in the best state for your specific case, as the best state for you to file in may not be the one you live in.

What to Expect While Working With a Cerebral Palsy Attorney

The goal of cerebral palsy attorneys is to handle all legalities during a medical malpractice lawsuit. Your lawyer will do everything in their power to best represent your case and secure your family the financial compensation you may deserve.

After your free consultation, lawyers will study the facts of your child’s cerebral palsy and determine the value of your case. After investigating and analyzing your claim, a cerebral palsy attorney will determine the strength of your case.

Once your attorney accepts your case and establishes an attorney-client relationship, your cerebral palsy lawsuit will officially begin.

Your attorney will keep in contact with you throughout the lawsuit process and update you with any new information. Cerebral palsy attorneys will take on the stress of filing and handling your case so you will be able to fully focus on caring for your child.

Most cerebral palsy lawsuits follow these steps:

Filing

Cerebral palsy lawyers file the claim on behalf of their client, also known as the plaintiff. The defendant — usually a medical practitioner or hospital — then has an allotted period of time to file a response.

Discovery

Legal representation for both parties gathers evidence such as medical records and other documentation to support their case.

Legal teams will gather evidence to prove the defendant did not uphold a high standard of care and determine the causes of cerebral palsy. Expert testimonies and witness interviews may also occur during this stage.

Mediation

Both parties will present their evidence to reach a resolution without going to trial. Lawyers aim to avoid trial since it can delay the lawsuit and payment to families. A third-party mediator may be brought in to assist during mediation.

Settlement

If the cerebral palsy attorney has built a strong case, the defendant will likely offer a settlement to avoid trial. Many cases will end at the settlement stage. According to Black’s Law Dictionary, about 95% of all personal injury lawsuits end in a pre-trial settlement.

Experienced cerebral palsy lawyers will be able to analyze your specific case to determine the best strategy to resolve your lawsuit.

Trial

The case will go to trial if there is no settlement. Both parties will argue their case on behalf of their clients. A judge or jury will then determine the winner of the lawsuit.

Settling out-of-court is the most common and efficient way to resolve a case. Settlements can significantly shorten the timeline of a lawsuit, but they may not yield as much compensation as a verdict during a trial.

Find a Cerebral Palsy Lawyer Near You

It is crucial to take legal action as soon as possible if you suspect your child’s brain damage was caused by medical negligence.

Experienced cerebral palsy lawyers are able to file a birth injury lawsuit for your family to help secure financial compensation to help pay for your child’s medical treatment.

Get a free case review today to explore your legal options.

Cerebral Palsy Lawyer FAQ

How much does a cerebral palsy attorney cost?

Cerebral palsy lawyers do not charge any upfront fees and work on a contingency basis. Your lawyer will only get paid if you are awarded financial compensation.

Most cerebral palsy lawyers will take a small percentage of your winnings from your lawsuit. Each case may vary, so it is important to consult with your lawyer to know the exact percentage they will earn after you are awarded compensation.

How much compensation can a cerebral palsy lawyer help me receive?

The amount of financial compensation awarded during a cerebral palsy lawsuit can vary based on the severity of your child’s condition, estimated lifelong treatment costs, and location.

According to a study from the TDC Group, the average medical malpractice payout for children under one year old was almost $1 million.

Who will a cerebral palsy attorney file my lawsuit against?

Your cerebral palsy attorney will file your lawsuit against the individuals that were directly responsible for the medical negligence that led to your child’s cerebral palsy. In most cases, the defendant is the hospital, doctor, nurse, or other medical professionals that delivered your child.

How long will a cerebral palsy lawyer work on my case?

Cerebral palsy lawyers will work on your lawsuit from start to finish. Your attorney will be available to you throughout the entire lawsuit process.

The length of time it takes to resolve a cerebral palsy lawsuit can vary. Some medical malpractice claims may take a few months to settle out-of-court, whereas some cases may take several years and require a trial.

Birth Injury Support Team

Cerebral Palsy Guide was founded upon the goal of educating families about cerebral palsy, raising awareness, and providing support for children, parents, and caregivers affected by the condition. Our easy-to-use website offers simple, straightforward information that provides families with medical and legal solutions. We are devoted to helping parents and children access the tools they need to live a life full of happiness

View Sources
  1. Freeman Miller, M.D. and Steven J. Bachrach, M.D. Cerebral Palsy: A Complete Guide for Caregiving 2nd ed. The Johns Hopkins University Press. Baltimore, MD. 2006.
  2. "Birth-Related Medical Malpractice." Nolo. 2014. Web. 26 Jan. 2015. Retrieved from: http://www.nolo.com/legal-encyclopedia/birth-related-medical-malpractice-30150.html
  3. "Birth Injuries and Cerebral Palsy." Nolo. 2014. Web. 26 Jan. 2015. Retrieved from:
  4. "Medical Malpractice: Using Expert Witnesses." Nolo. 2014. Web. 26 Jan. 2015. Retrieved from:
  5. http://www.ncbi.nlm.nih.gov/pmc/articles/PMC4431995/
  6. Ranum, D. (n.d.). Study of malpractice claims involving children. Retrieved March 18, 2021, from https://www.thedoctors.com/articles/study-of-malpractice-claims-involving-children/
  7. What percentage of lawsuits settle before trial? What are some statistics on personal injury settlements? (2013, September 30). Retrieved March 24, 2021, from https://thelawdictionary.org/article/what-percentage-of-lawsuits-settle-before-trial-what-are-some-statistics-on-personal-injury-settlements/
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