What is a cerebral palsy settlement?
A cerebral palsy settlement is a negotiated financial payout made to families when medical mistakes during childbirth cause CP. The money is usually paid as a lump sum without the family having to go to court.
Compensation from a cerebral palsy settlement provides families with the financial assistance needed to care for a child with cerebral palsy. Many birth injury lawsuit settlements result in multimillion-dollar payouts.
This is because the lifetime cost to care for a child with cerebral palsy is estimated at over $1.5 million, according to the Centers for Disease Control and Prevention (CDC). Most families could never have prepared for this financially or emotionally.
Cerebral Palsy Guide works with an extensive network of top birth injury law firms. Together, they have recovered over $962 million for families, including through cerebral palsy settlements.
Working with an experienced cerebral palsy law firm can help increase your chances of receiving maximum compensation. The specialized lawyers at these firms know how to strengthen your case to secure the money your family needs for your child’s care.
Get a free case review right now to find out if we may be able to help.
Recent cerebral palsy settlements and verdicts
Settlements and verdicts for cerebral palsy cases vary, depending on the specifics of each situation.
That said, many families who have sued for cerebral palsy have received multi-million dollar cerebral palsy settlement payouts.
- $10.5 million for a Missouri family
- $9 million for the family of a 5-year-old in Colorado
- $8.8 million to an Ohio family whose child experienced severe fetal distress
- $8 million to a family in North Carolina
- $7.8 million for a Florida child with a birth injury
- $7 million for an Illinois family
- $6.5 million for a Washington family for oxygen deprivation from delayed delivery
- $6 million in New York for a child who developed CP from untreated jaundice
- $5.9 million to a family in Texas whose child received delayed medical care
- $5.6 million for a family in Utah
- $5.5 million to an Oklahoma family
- $4.1 million to a New Jersey family for mismanaged fetal distress
- $4 million for a family in Arizona
- $3.35 million for a New Hampshire family
- $2.4 million to the family of a child in Massachusetts
While the value of each case varies, you may be entitled to a cerebral palsy settlement as well.
Call us right now at (855) 220-1101 or Click to Live Chat to see if you qualify.
Average cerebral palsy lawsuit settlement amounts
The average cerebral palsy settlement is estimated at around $1 million. However, many birth injury cases are worth far more, depending on various factors.
Generally, cerebral palsy settlements range from hundreds of thousands to several million dollars, aiming to cover lifelong care and medical expenses.
Families considering legal action should consult with an experienced cerebral palsy lawyer. These skilled attorneys can provide a more accurate estimate based on the specifics of your case.
They will guide you through the legal process with as little extra stress as possible so you can focus on caring for your child. Meanwhile, they will fight to secure the highest possible cerebral palsy settlement for your family.
Who is eligible to get cerebral palsy settlements?
Parents or caregivers may be eligible to access a cerebral palsy settlement if their child’s condition was caused by medical malpractice.
- An emergency cesarean section (C-section) was not performed in a timely manner
- A medical provider improperly used forceps or a vacuum extractor, causing brain injury
- A newborn suffered from a lack of oxygen or asphyxia, leading to brain damage
- An obstetrician or delivery team member failed to detect and respond to fetal distress
It’s important to understand that cerebral palsy is usually not diagnosed right away. However, your child does not need a diagnosis for you to seek a cerebral palsy settlement.
If you suspect something went wrong during your child’s birth, you may be eligible.
Cerebral Palsy Guide has registered nurses on staff with decades of experience helping families affected by preventable CP. They can help figure out if you may qualify.
Connect with an experienced labor and delivery nurse right now.
What factors affect cerebral palsy settlement amounts?
A major component of a cerebral palsy settlement is determining the compensation amount, which varies based on each case's specific facts and evidence. There is no set formula to predict the exact damages awarded.
When filing a cerebral palsy lawsuit, your lawyer will estimate the lifelong costs of your child’s care to help calculate an amount.
- Extent of disability
- Loss of future earning potential
- Past and future cost of medical treatment
- Pain and suffering
- Strength of the medical evidence
Your lawyer will provide you with an estimate of your case value after evaluating all details of your situation.
Steps to seeking a settlement for cerebral palsy
While each case varies, cerebral palsy settlements typically involve several important steps within the legal process.
Learn more about the steps to seeking a cerebral palsy settlement below.
1. Get a free consultation
First, you’ll need to determine whether you have a case. The best and fastest way to do this is to get a free legal consultation from a skilled cerebral palsy lawyer.
Cerebral Palsy Guide works with a network of top CP attorneys across the nation. Our legal partners can help families in all 50 states.
Find out if we can connect you with a cerebral palsy lawyer near you with a free legal case review.
2. Gather evidence
Your lawyer will collect all necessary evidence to build the strongest medical negligence case possible.
- Expert opinions
- Medical records
- Witness statements
- Other documentation
This step is critical for showing the link between the medical care provided and your child’s cerebral palsy.
3. File a cerebral palsy lawsuit
Next, your cerebral palsy attorney will file your lawsuit against the responsible health care providers and/or hospital. This step formally begins your claim to seek a cerebral palsy settlement.
4. Negotiate a settlement
Most birth injury cases are settled out of court. Your lawyer will handle negotiations and fight for a cerebral palsy settlement that covers your medical costs and other damages.
5. Take the case to court if needed
Lastly, if both parties are unable to agree on a settlement amount, your case will proceed to trial.
Remember, your case may still settle, even if it goes to trial. For example, an Illinois family received a $29 million cerebral palsy settlement in 2023, right before the closing arguments of their trial.
When to pursue a cerebral palsy settlement
Consider taking legal action as soon as you suspect your child might have cerebral palsy that was caused by medical negligence.
It’s essential to act quickly because lawsuits are subject to strict deadlines, known as statutes of limitations. State laws determine the statute of limitations, and they vary.
Once your deadline passes, you’re forever prevented from taking legal action for your child’s cerebral palsy.
As a result, it’s crucial to understand the deadline that applies to your case. An experienced cerebral palsy attorney can tell you how much time you have.
Don’t wait to find out if you can pursue a cerebral palsy settlement.
Get legal help for cerebral palsy settlements
It is important to find an experienced cerebral palsy lawyer. Since they've handled similar cases before, they are best positioned to help families secure cerebral palsy settlements.
Cerebral Palsy Guide partners with top cerebral palsy lawyers who can help families in all 50 states. Together, they have recovered over $962 million in birth injury compensation, including through cerebral palsy settlements.
If you suspect your child’s CP could have been avoided, a cerebral palsy settlement could be a direct pathway to getting the financial support your family needs and deserves.
Call us at (855) 220-1101 or get a free case review right now.
