If you have a child with cerebral palsy, you may be considering a lawsuit to get the financial assistance you need. Medical costs for children with cerebral palsy and intellectual disability were 26 times higher than those without cerebral palsy.
It is a significant decision, and it’s important to understand everything involved before making a final decision.
This blog post will answer the four most common questions about cerebral palsy lawsuits. In addition, sites like CP Family Network also provide details about CP lawsuits to help one make an informed decision about what is best for one’s family.
1) What Is a Cerebral Palsy Lawsuit?
It is a legal claim brought by a parent for their child who has been diagnosed with the condition. The lawsuit alleges that the child’s injuries were caused by medical negligence during pregnancy, delivery, or shortly after birth.
Most cerebral palsy cases are caused by medical negligence, making these lawsuits fairly common. It is a debilitating condition that can cause a lifetime of challenges, so it’s vital to seek legal recourse if your child has been diagnosed.
2) How Does One Know If They Have a Case?
Some of how the child’s cerebral palsy could be caused by medical negligence include:
*If the doctor or any other medical professional failed to monitor the mother and baby during pregnancy and delivery
*If there were problems with the prenatal care
* If the baby was deprived of oxygen during birth
* If forceps or vacuum extractors were used during delivery and caused injury
* If the baby was born prematurely
* If the umbilical cord was muffled around the baby’s neck
One will need to consult with a cerebral palsy lawyer to discuss their particular case and whether or not they have a claim.
A good start is looking at sites like CP Family Network, where parents can find resources and support to file and win a cerebral palsy lawsuit.
3) What Are the Chances of Winning?
Some chances of winning a cerebral palsy lawsuit are higher than others. For example, if the case goes to trial, the chances of winning are about 50%. However, cases that settle out of court have a higher chance of success, about 70-80%.
It is important to remember that each case is different, and no lawyer can guarantee success. The best way to increase your chances of winning is to work with an experienced CP lawyer.
4) What Kind of Financial Assistance Can One Expect?
Once you win the case, you will be compensated for your damages. It could include medical expenses, lost wages, pain, and suffering. In addition, you may also be awarded punitive damages, which punish the at-fault party for their negligence.
The amount of financial assistance one receives will depend on the individual case. Factors that will affect the compensation include the severity of the injuries, the state the person lives in, and whether or not the at-fault party has insurance.
If you have a child with cerebral palsy, you may also be able to get assistance for future medical expenses and care.
All aspects of a CP lawsuit must be understood before filing one. Though these cases can be complex, they may be the best option for providing your child with the compensation and care they need to live their life to the fullest.