Cerebral palsy is a life-long condition that causes disabilities, leading to a reduced quality of life. If your child is suffering from cerebral palsy due to another’s negligence, you may be able to pursue a cerebral palsy lawsuit. However, proving the case can be challenging and it is important to speak to an experienced cerebral palsy lawyer.
Things to Consider When Filing a Cerebral Palsy Lawsuit
Here are a few things to consider when pursuing legal action for your cerebral palsy.
Do You Have a Valid Lawsuit?
There are several causes of cerebral palsy, and depending on how your child suffered the injuries, you may have a valid lawsuit.
If your child is suffering from cerebral palsy due to another’s negligence, you probably have a valid lawsuit. Medical negligence and head injuries from a car accident due to someone else’s fault can create a strong case for pursuing a lawsuit.
Here are some preventable medical mistakes that can cause cerebral palsy in your child:
- Failure to perform a C-section.
- Failure to monitor danger.
- Failure to properly diagnose and treat secondary infections.
- Improper child delivery causes oxygen deprivation.
- Anesthetic errors.
- Surgical mistakes.
Cost of a Lawsuit
A lawsuit especially for cerebral palsy is quite expensive since the lawyer needs to reach out to medical professionals, investigate the injury, and prove the injury occurred due to negligence or medical malpractice.
Fortunately, many personal injury attorneys offer their services on a contingency basis. Injured victims don’t need to pay attorneys in advance but simply sign an agreement that states the attorney’s legal fees.
Upon winning the case, the attorney or the law firm will take their fees out of the settlement/compensation before handing the rest over to you.
Generally, the attorney fee for medical malpractice is around 15% to 40%, depending on the experience of the attorney you hire. It is best to speak to one about legal costs before hiring or signing off on any documents.
Going to Trial
Many victims are afraid of opting in for trial as it can take a long time before they see any monetary compensation for their loss. This can cause a lot of stress, especially if they’re struggling financially to keep up with the medical bills. Not only are trials stressful but also risky since there is no compensation if the jury decides against the plaintiff.
However, most cerebral palsy cases settle before they head over to trial. Generally, insurance companies do not like the negative publicity from a trial and would therefore consider settling the case outside of the court.
In situations where there is no mutual agreement on the settlement amount, the plaintiff can decide to take the negligent party to trial after speaking to their attorney. An attorney with substantial trial experience is more than enough for the insurers to settle outside of court.
Going to trial and winning can result in a higher settlement amount than settling the case before it goes to trial. If you wish to go to trial, you and your attorney must be on the same page as an attorney can refuse that option, especially if they feel that the lawsuit isn’t strong enough.
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