Unfortunately, there’s really no way to know if any legal action will win before it’s heard by a jury, but an experienced attorney can give you a good idea.
Even the best attorney in the world couldn’t guarantee you that any claim you filed with them would win, but most can give you their honest opinion. Some medical providers have a history of settling out of court, but each individual case is different. Due to the fact that these attorneys work on a no-win, no-fee basis, if your attorney offers to handle your case, you can be confident that they feel you have a strong chance at winning.
An attorney that has handled these claims before will understand where to look for medical malpractice, which is usually what wins a claim. If it can be established that the doctor or the healthcare facility failed somehow, the jury may find in your favor. There are also cases where a cerebral palsy claim involves product liability law. Infections obtained from contaminated medical instruments can cause brain injuries, and the manufacturers (rather than the healthcare providers) may actually be responsible in those cases. A good attorney will know how to find out where to place the blame.
One of the most intimidating things about working with an attorney is figuring out what you need to give them. Good attorneys will ask you for all of the information that they need and will make it very easy for you to find it. They’ll be able to tell you who to ask for certain records they may need and so forth, and if they do take your case, they’ll use their skills to track down anything that’s hard to find but that helps your case.
People who don’t have a lot of money oftentimes need legal services but couldn’t afford to hire an attorney outright. This is why contingency agreements exist. It’s a very simple concept. If the attorney wins the family money from a settlement or jury award, they take their legal fees from the settlement. If you lose your claim, the attorney gets nothing and you simply walk away owing nothing.
This means that anyone can afford an experienced and effective cerebral palsy lawyer. Don’t be afraid to seek out a free consultation or two!