Parents of children with cerebral palsy (CP) are concerned about their child’s health and well-being, but that is hardly the only concern they grapple with. There is also a glaring question: How will we pay for the cost of caring for a child with a serious disability?
This question leads to another: Can I sue medical providers or anyone else who is liable for my child’s cerebral palsy? These kinds of legal concerns are critically important. You need to know if you have grounds for a case, how to seek compensation, and who should pay. Call the Cerebral Palsy Lawyer Alliance today at 888-894-9067 for a free consultation to get the answers you need.
Legal Questions You May Ask as the Parent of a Child with Cerebral Palsy
The lawyers in our network have represented many families, including parents and children, affected by cerebral palsy. These clients come with many questions, which often include:
- How can I seek compensation for my child’s care and other damages?
You may secure compensation through an insurance claim or lawsuit. Negligent medical providers typically have medical malpractice insurance. In some cases, parents of children with CP can file a medical malpractice lawsuit seeking compensation for their child and themselves.
- How much compensation is our family entitled to?
There is no blanket answer to this question. Each case of cerebral palsy differs from the next. An experienced cerebral palsy lawyer will confer with experts, review medical records, speak with you, and calculate a unique case value.
- I have no experience with medical malpractice issues, so how should I proceed in seeking compensation?
Most parents of children with cerebral palsy are not lawyers, and they are not familiar with medical malpractice. This is why you want the Cerebral Palsy Lawyer Alliance to connect you with a lawyer in our network so you can pursue an insurance claim or lawsuit.
The Cerebral Palsy Lawyer Alliance Will Provide the Answers You Seek
You likely have many questions, and you deserve answers. Furthermore, you deserve an attorney who will fight relentlessly to secure fair compensation for your family.
Choose the Cerebral Palsy Lawyer Alliance’s attorney network to represent you and your child because they:
- Have led many CP-specific medical malpractice cases: Our name says it all. The lawyers in our network fight to ensure justice for families touched by the exhausting effects of cerebral palsy. The lawyers in our network understand how this ailment affects everyone in the family, and know what it takes to get positive legal outcomes for clients like you.
- Will spare no expense when building your case: The lawyers in our network expect that you will be seeking compensation from a negligent medical provider or their insurer. This means they must prove the medical provider’s negligence, which can be a high bar to clear. The lawyers in our network do not spare any expense when building medical malpractice cases, as winning is our only concern.
- Are compassionate to the challenges cerebral palsy causes: Parents of disabled children often feel—rightly so—that others cannot comprehend their or their child’s struggle. Because the lawyers in our network regularly represent families faced with CP, they understand far more than most how difficult daily life may be for you. A lawyer will show you and your child the empathy and compassion you need and deserve.
- Will exhaust all legal options when seeking compensation for clients: Most civil cases settle, and medical malpractice cases are no exception. Your attorney will present a compelling case during settlement negotiations, but liable parties may simply refuse to offer a fair sum. They will prepare for trial in this case.
Parents of children with serious disabilities need someone to lean on. Perhaps even more importantly, you need someone to advocate for you. Not only will the Alliance’s lawyers fulfill these roles, but they will also leverage all our resources in pursuit of a life-changing financial recovery for your child and your family.
You Pay No Out-of-Pocket Cost to Hire the Cerebral Palsy Lawyer Alliance
The financial weight of cerebral palsy is crushing for many families. The fact that there is no cure for CP means that you are likely facing decades of bills specifically related to your child’s condition. The lawyers in our network don’t intend to add to your financial stresses, so we:
- Will pay for all case-related expenses, from filing costs to expert fees and beyond
- Will only receive a fee if they obtain compensation for your family
- Will receive a fair percentage of the financial recovery, ensuring that you and your child get the portion you deserve
You either receive the compensation you seek, or you don’t pay the lawyers in our network anything at all. Lawyers accept this risk not only because it’s standard practice in our field but also because they are passionate about easing the burdens of those affected by CP.
There Are Legitimate Legal Challenges When Seeking Compensation for a Child’s Disability
The lawyers in our network will enter cerebral palsy-related cases with eyes wide open.
They understand the challenges that frequently arise during CP claims and lawsuits, which include:
- Proving that medical providers’ errors rise to the level of negligence: Some complications are beyond medical providers’ control. The Alliance’s lawyers expect that providers responsible for causing your child’s cerebral palsy will claim that they could not have prevented the condition. The lawyers in our network will need to prove that the defendants acted in an unreasonable manner that qualifies as negligence and that the negligence led directly to your child’s birth injury.
- Proving the link between medical negligence and your child’s cerebral palsy: The Alliance’s lawyers must present a timeline of events (backed by hard evidence) that establishes a link between medical providers’ negligence and your child’s CP. This will require a thorough investigation and intelligent organization of facts, documentation, and evidence.
- Securing evidence from negligent medical providers: In medical malpractice cases, some of the most important evidence often rests in the hands of those who harmed your child. The Alliance’s lawyers will file any necessary letter of spoliation, which legally prohibits parties from disposing of evidence (and compels them to hand it over to us).
- Negotiating effectively with experienced insurers and lawyers: Medical providers typically have robust malpractice insurance. They also typically have lawyers ready to fight malpractice lawsuits. This means our legal opponents may bring significant experience and skill to the case. The lawyers in our network are ready for the most challenging cases, but you should understand why it’s important to have an experienced lawyer on your side.
- Shielding you from the unpleasant details of a medical malpractice case: Your case may involve many facts that are distressing to you. Your lawyer can do this by handling every detail of your claim or lawsuit.
The lawyers in our network believe you should not underestimate the challenging nature of medical malpractice claims and lawsuits. It is 100 percent necessary for you to seek compensation for your child’s care and all other damages—just let an experienced attorney lead the fight for you.
How an Experienced Lawyer Will Help You
The Alliance’s lawyers can never be totally certain what a medical malpractice case will require of us. Each case involves different plaintiffs, facts, evidence, and circumstances. The lawyers in our network also find that defendants can enter a medical malpractice case in dramatically different ways—some deny all fault and refuse to negotiate, while others take some accountability and negotiate in good faith.
That being said, your lawyer will handle many of the same responsibilities across our cerebral palsy cases, which include:
Identifying the Specific Cause(s) of Your Child’s Cerebral Palsy
Cerebral palsy can result from many different medical failures, including:
- Failure to administer thorough care during your pregnancy
- Failure to identify any prenatal conditions that may have contributed to the development of cerebral palsy
- Failure to order any treatment that may have prevented or lessened the severity of the CP
- Failing to order an emergency C-section delivery
- Using forceps or other devices in a manner that caused trauma
Attorneys understand medical terminology, but your lawyer will also lean on experts as they determine the most likely cause of your child’s birth injury.
Securing Evidence of Medical Providers’ Negligence
The Alliance’s lawyers will actively seek any medical records, witness testimony, expert testimony, and other evidence that helps prove medical providers’ negligence. Attorneys are especially urgent about this step, as your lawyer will not allow liable parties to dispose of any evidence in their possession.
Documenting Your Child's Damages
Your attorney will prove how cerebral palsy has negatively affected your child’s life and may do so using the following:
- Your account of the distress and challenges your child experiences
- Images of injuries or conditions related to cerebral palsy
- Video of your child when they are experiencing CP symptoms
- A mental health professional’s explanation of how the CP affects a child emotionally and psychologically
It’s critical to stress: The Alliance’s lawyers gather these kinds of documentation as compassionately and non-invasively as possible. They will not inflict any more distress on your child. They simply need to illustrate the true cost of liable parties’ medical negligence.
Documenting Your Damages
Parents are also affected deeply by cerebral palsy. The Alliance’s lawyers will secure all available proof of your damages as a parent, which may include:
- Your account of how your child’s disability has affected you psychologically, emotionally, physically, financially, and otherwise
- Bills for your child’s medical care (which generally falls on the parent)
- Proof of any professional adjustments you have had to make to care for your child
- A mental health professional’s documentation of your pain and suffering
- Projections of the future cost of caring for your child, both medically and in terms of shelter, food, and other necessities
Our team will remove any doubt about the toll cerebral palsy has taken on your entire family.
Calculating Your Case Value and Negotiating a Fair Settlement
Before your lawyer negotiates a settlement, they will determine the full and exact financial value of your case. This figure will account for the long-term cost of both your and your child’s damages, as cerebral palsy is typically a lifelong ailment.
Your lawyer will present all relevant evidence, documentation, and calculations to liable parties. Your attorney will demand that these parties do right by you, paying the compensation you and your child deserve.
Representing You and Your Child in Court, If Necessary
Insurance companies and negligent medical providers are not always willing to compensate victims of negligence fairly. If The Alliance’s lawyers need to take your fight for justice to trial, they will.
A Settlement Should Cover the Exorbitant Cost of Cerebral Palsy (for Both Child and Parent)
Cerebral palsy is typically a debilitating condition. While the child is the one who has to endure the physical symptoms, CP affects the entire family.
The attorneys in the Cerebral Palsy Lawyer Alliance fight for compensation covering every affected party’s damages, which often include:
- The child’s pain and suffering: Parents know all too well that children with CP suffer immensely. Your lawyer will demand a financial recovery that reflects this pain and suffering.
- The parents’ pain and suffering: Parents often fall into despair as their child suffers seizures, muscle tension, and other debilitating symptoms.
- Mental health services for all who need them: Your lawyer will pinpoint a mental health treatment plan for you and your child, working with experts who understand what kinds of care families need.
- Medical and caregiver costs: Critically, your lawyer will work to ensure your family has the funds they need to cover high-quality medical care, caregiving, and rehabilitation throughout your child’s life.
- Expenses associated with raising a disabled child and adult: If you need to care for your child into their adult years, your lawyer will consider the costs of living and other relevant costs.
Your lawyer will also demand that you not have to pay for the medical care that resulted in your child’s disability.
Call the Cerebral Palsy Lawyer Alliance Today for Your Free Consultation
The path to justice for cerebral palsy is not always clear, and that’s where a lawyer can help. Call the Cerebral Palsy Lawyer Alliance today at 888-894-9067 for a free consultation. Contact us today!
Do not wait to call, as there are often deadlines for filing cases like yours.