Bringing a birth injury claim against a doctor or a healthcare facility can be complex. Medical malpractice cases are highly scrutinized, and many states have passed tort reform laws making it very difficult to file such a claim without an attorney. Luckily, most cerebral palsy attorneys will handle these types of case son a no-win, no-fee basis.
When you file a birth injury claim, the crux of your argument is that the doctor was negligent in some regard, and that their negligence led to your child’s birth injuries. These lawsuits sometimes pay out into the millions of dollars, mostly due to the fact that the family will require a great deal of compensation to cover the past and future medical bills, assistive devices, and ongoing treatment.
First Steps
The first thing you’ll have to do is to sit down with an attorney (one who has experience litigating Cerebral Palsy cases) and let them know what your situation is. The attorney will need to consult with you so they can determine whether or not you have legitimate cause to file a lawsuit. If they don’t believe so, they’ll just tell you and decline to take on your case. If that happens, we strongly suggest you speak to several more attorneys.
Cerebral palsy lawyers handle these types of cases on contingency. Under such an agreement, the attorney doesn’t get paid unless they win your claim. This ensures that your goals are aligned with your attorney’s goals, and you do not risk a single penny to pursue your case.
What They’ll Want to Know
The attorney will want to know the results of the medical investigation into your child’s cerebral palsy. If it’s found to be likely that medical negligence played a part in your child developing cerebral palsy, the attorney will advise you of such. Many times, your attorney will need to perform a cursory investigation before making a decision on whether or not they will accept your case.
Awards and Settlements
Jury awards and settlements are the two ways that you can be awarded compensation. A jury award may be for all of the money you’re seeking, part of the money, or none of the money. A settlement will generally be less than the total amount you’re seeking in damages, but it will allow you and the defendant to avoid a long, drawn-out battle.
If you’re considering filing a birth injury claim, it’s important that you speak with a cerebral palsy lawyer as soon as you can. There are limitations on how long you can sue over birth injuries. The sooner you talk to an attorney, the better chance you have at a successful claim.
If you’d like to discuss your potential case with a cerebral palsy attorney right now, call us at 1-855-833-3707 (toll-free).