Cerebral palsy (CP) settlements refer to compensation parents and children can receive because of a birth injury. These settlements may come from a provider's medical malpractice insurance provider or through a lawsuit filed against those responsible for the malpractice. While most medical providers have malpractice insurance, coverage limits and other complications may lead you to sue those responsible for your child's cerebral palsy.
The demands of raising a child with cerebral palsy are varied, long-lasting, and, for many, exhausting. Most parents do not have the time, emotional wherewithal, relevant knowledge, or energy to seek compensation from liable parties. Call the Cerebral Palsy Lawyer Alliance today at 888-894-9067 to find out how a lawyer from our network can fight for the cerebral palsy settlement you deserve.
A Settlement Can Provide Justice for Your Child's Cerebral Palsy
Parents who find out their child has cerebral palsy are typically blindsided. This news is world-rocking, and for many, learning of a child's disability is downright devastating.
You are surely caring for your child, and that should be your priority. Getting justice should also be important to you. While medical providers often do not cross the line into criminal behavior, negligence that causes cerebral palsy warrants a fair (and possibly substantial) financial recovery for the victims.
By obtaining a fair settlement or verdict for your child and you (as a parent directly affected by their child's pain and struggle), your lawyer can:
- Prevent you from having to pay out of pocket for your child's medical treatment, rehabilitation, and other forms of necessary care
- Obtain funding for any care you need, including but not limited to mental health treatment for pain and suffering
- Cover any other economic or non-economic damages you and your child face because of their cerebral palsy
- Hold negligent medical providers responsible for the damage they have caused you, and hopefully deter them from engaging in similar negligence in the future
You can understand why cerebral palsy lawsuits and claims are so important. In addition to helping you and your child move forward with the needed funds, your lawyer can send a clear message to negligent providers that their behavior is unacceptable.
What a Cerebral Palsy Settlement Should Cover
Living with cerebral palsy and caring for a child with this condition is a complicated reality. Each case is unique, and symptoms of CP can vary in type, severity, and frequency. Even so, there are common damages that children and parents affected by cerebral palsy suffer, including:
Pain and Suffering
Cerebral palsy is a family condition. It's not just the child who experiences the pain, discomfort, and other symptoms of CP. The parents suffer, too, and so cerebral palsy attorneys will consider the cost of pain and suffering:
- For the child: Muscle spasms, muscle rigidity, sensitivity, development issues, and the generally limiting nature of cerebral palsy is a massive hardship on the child with the condition. This remains true as the child grows into an adult. Your attorney will identify the unique types of pain and suffering your child has experienced and will face in the future.
- For the parent(s): Parents of severely disabled children endure trauma and challenges that others cannot truly understand. This often includes depression, emotional anguish, exhaustion, psychological distress, personality disorders, mood problems, lost sleep, and lost quality of life.
Attorneys recognize that cerebral palsy affects every individual and family differently. The Alliance's lawyers will arrange for you to see a qualified mental health professional who understands cerebral palsy and its capacity to cause pain and suffering.
Medical Expenses (Including Medical Equipment)
Medical costs will certainly be a key feature of your claim or lawsuit. Those with cerebral palsy may need:
- Several diagnostic procedures to confirm they have cerebral palsy and categorize the condition correctly
- Surgeries, which may relieve muscle tension or serve other purposes
- A lifelong regimen of medication
- Many doctor visits, including high-cost specialist appointments
- Medical equipment
As a parent, you likely know that medical needs are immensely complex. The Alliance's lawyers are dedicated to learning the fine details of clients' conditions. Only then can they truly advocate for you and fight for compensation to cover lifelong medical costs.
Therapy Costs
Occupational therapy, physical therapy, and other types of therapy can help alleviate symptoms of cerebral palsy. Cerebral palsy attorneys will consider all therapy and rehabilitation costs when seeking a cerebral palsy settlement for your family.
Mental Health Treatment
From day one, the toll of cerebral palsy can be brutal. Parents and children alike are unprepared for the burdens and challenges that come with such a severe medical condition. Those affected by CP need relief wherever they can find it, and this may include:
- Medication to address conditions like depression
- Talk therapy
- Cognitive behavioral therapy
- Various other forms of mental health treatment
You and your child should have the financial freedom to try any treatment that can improve your quality of life (or at least ease your suffering). Your attorneys will work to ensure that you do.
Professional Damages Affecting the Parent
Many parents of children with CP do not hesitate to leave their career to care for their child. While this is admirable, it's still unfair that you should have to make this choice.
If a parent or other relative has to (or chooses to) adjust their career to care for a disabled child, our team will seek compensation for:
- Lost income
- Diminished earning power
- Loss of the chance to pursue career aspirations
- Loss of bonuses
- Loss of employer-provided benefits
- All other professional damages
Your lawsuit or claim is about addressing the damages that result from medical malpractice. You may feel it was your duty to put your career on the back-burner so your child can receive the attention they need. However, it's our job to ensure liable parties pay for placing this sense of duty on you.
Caregiver Costs
Whether or not you are a full-time caregiver for your child, parents of children with CP often need help. This may include a full-time or part-time caregiver. As children with CP get older, they may move into a community setting on a full- or part-time basis.
The lawyers in our network will work with experts in cerebral palsy and you to determine the potential care journey your child will follow. The Alliance's lawyers will demand compensation covering the care your child will (or may) need now and in the future.
The Cost of Caring for a Disabled Adult
Hundreds of thousands of disabled American adults live at home, often with their parents. Parents (often lovingly and willingly) typically pay the cost of housing and feeding these disabled adults, but the disabled individuals are also often unable to contribute to bills financially.
As your attorney seeks a fair cerebral palsy settlement, they will consider the cost of:
- Feeding an adult with a disability
- Sheltering an adult with a disability (which also often means washing their clothes and dishes and buying their essentials)
- Transporting the disabled individual to doctors' appointments and anywhere else they need to go
- Paying for medications and other medical needs your child will have when they are an adult
Our team works directly with experts who understand the needs of those with cerebral palsy, both as children and adults. Our job is to ensure you or your child does not have to pay for the cost of their disability, including in their adult years.
Is a Settlement the Only Way to Obtain Compensation for the Effects of Cerebral Palsy?
In most cases, plaintiffs and defendants or claimants and insurance companies are able to reach a settlement. This is the case because:
- Trials are typically expensive for all involved, so avoiding these costs may be in everyone's best interests
- Trial comes with financial risk for all sides, as a jury may decide to award too little to the plaintiff or may hit the defendant with a devastating financial judgment, so settling is a way for all sides to mitigate risk
- Settling allows all parties to move forward from the claim or lawsuit as efficiently as possible
However, this is not to say that settling is a given. You can file a lawsuit and bring your case to court. Whether your lawyer will exercise this option will depend on how your case unfolds, including whether an insurance company or negligent medical provider negotiates in good faith.
Why a Cerebral Palsy Malpractice Case May Go to Trial
You should first understand that our lawyers will keep you informed throughout your case. You will never be caught off-guard by anything (including the possibility of going to trial) because your lawyer will update you frequently and explain everything in easy-to-understand terms.
So you understand how your case could unfold, know that a cerebral palsy lawsuit might go to trial if:
- The amount of medical malpractice insurance coverage the negligent party's policy provides is not enough to cover the value of your damages
- The insurance company that insures the negligent medical provider does not offer an acceptable settlement (even after multiple rounds of negotiations)
- The medical provider responsible for your child's cerebral palsy did not have any insurance (which is unlikely but possible) and will not offer a fair settlement
As the individual affected by your child's birth injury, you ultimately decide whether your case goes to trial. The Alliance's lawyers are your legal stewards. They will provide transparent, frank advice so you feel confident in making every necessary decision. Ultimately, though, you call the shots when it comes to major case decisions.
Securing a Fair Cerebral Palsy Settlement Is a Daunting Task-Let a Lawyer Handle It
It is obviously right that parents and children affected by cerebral palsy should receive fair compensation. However, this does not mean (by any means) that those who caused your child's pain and suffering, or their insurance providers, will do what is right.
Securing a fair cerebral palsy settlement or judgment takes effort and will require our team to:
Prove Medical Malpractice
Your attorney will need to prove that one or more medical providers acted in an unreasonable way. They will then need to prove that this unreasonable action caused or contributed to your child's birth injury.
Medical providers may commit malpractice and cause cerebral palsy by:
- Failing to diagnose a prenatal condition
- Failing to recognize signs of distress in the child or mother
- Failing to order an emergency C-section
- Causing an injury while using forceps or a vacuum device
Medical providers' negligence contributes to CP in many other ways. Our team will secure all evidence that suggests or directly proves that malpractice contributed to your child's condition.
Calculate the Cost of Current and Future Damages (and Find Proof of Those Damages)
When you complete your lawsuit or insurance claim, you will have to live with the compensation you receive. Therefore, it is critically important that you obtain all the money you and your child need.
The Alliance's lawyers are highly detail-oriented. When they seek settlement from an insurance company or any other liable party, they will be certain we're aiming for a fair amount.
Negotiate Skillfully for a Fair Settlement
Great attorneys are great negotiators. The network of Alliance lawyers have obtained fair settlements for many victims of medical malpractice. They are composed, focused on the facts, and relentless when demanding fair compensation from liable parties.
If those who owe you and your child compensation are not willing to provide a fair settlement, the Alliance's lawyers will be ready for court. Trust your attorney to fight for you and your child every step of the way.
Call the Cerebral Palsy Lawyer Alliance Today for a Free Consultation
Seeking a cerebral palsy settlement is an urgent matter. There may be strict deadlines for filing your case, and you must honor those deadlines. Our team wants to hear from you, and you'll find the Alliance's lawyers are a compassionate, helpful team to interact with. They understand the intricate medical and legal elements involved in cerebral palsy cases and can provide you with the guidance and support necessary to build a strong legal strategy.
Call the Cerebral Palsy Lawyer Alliance today at 888-894-9067 for your free consultation.