Civil law allows those who’ve been wronged (and suffered damages as a result) to seek compensation for reimburse them for their losses. Parents of children who were born with cerebral palsy caused by medical malpractice often seek compensation for their child through a civil lawsuit. Before speaking with an attorney about your case, consider the following.
Jury Awards are Sometimes Very Substantial
In NY, a woman recently received over $5 million for a case where doctors failed to take measures that could have prevented her child from suffering a birth injury. In Iowa, midwives settled a lawsuit for $5 million where they were facing being sued for negligence. In San Louis Obispo, a parent recently received a jury award of over $74 million.
The sums awarded can be very large—as can the sums reached in settlements—but this is not always the case. Juries do not always agree that negligence was a factor unless it can be proven. Even if negligence is obvious, your attorney must still consult with expert witnesses in order to calculate your expected future expenses. In many states, there are even caps on damages.
Experience matter when it comes to birth injury claims, and in order to give yourself the best shot as a successful recovery, you need to find an attorney who focuses on cerebral palsy birth injury cases.
It’s About Negligence
There are many different ways that a child can end up developing cerebral palsy which have nothing to do with doctor negligence. If your child is found to have suffered such an injury for other reasons, it may very well be the case that your claim is not pursuable. You’ll have to talk to an attorney about your chances of winning, but each case is unique in their own way.
The Money Is For Your Child
You may seek damages separate from those of your child, but the lawyer’s main focus is going to be on the child and what compensation they will require over the course of their life.
Going ahead with a lawsuit is something that you have to give great consideration. There is always a chance, of course, that you’ll lose your claim. Luckily, the type of attorneys who handle CP lawsuits work on a no-win, no-fee basis. You’ll never risk a penny of your own money to pursue a claim, but make sure you have an attorney who is up to the task and who can make sure that you’re represented as effectively as possible.