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Legal FAQ

Did my doctor or hospital cause my child’s cerebral palsy?

It is estimated that 1 in 5 cases of cerebral palsy were caused by brain damage that could have been prevented. Approximately 75% of the cases arose during pregnancy or birth, while a small percentage are from injury, disease or trauma suffered after birth.

If you do not know the cause of your child’s cerebral palsy, it is advised that you have a legal and medical professional review their case. They may be able to identify the cause of brain damage and whether a doctor, hospital or medical staff member made a mistake that contributed.

It costs nothing to have your case reviewed and you may be entitled to substantial compensation.


How do I file a cerebral palsy lawsuit?

A cerebral palsy lawsuit can be filed by a qualified medical malpractice lawyer. These professionals will review and investigate your child’s case to determine if a health provider contributed to their brain injury.

If so, they will file a lawsuit, collect the necessary evidence and proceed to trial or mediation to try to secure an award or settlement. It costs nothing for you to discuss a claim or proceed with a case unless a lawyer recovers compensation for you.

If you need help filing a cerebral palsy lawsuit, the CP Help Center can connect you with a lawyer specializing in these cases. Contact us today.

 

How much are lawsuits worth for cerebral palsy?

The value of lawsuits vary depending on the facts of each case, the degree of disability, the treatment required and the amount of negligence by the party responsible for your child’s injury. Therefore, it is difficult to assign a value to a particular situation.

However, lawsuits for birth injuries are based on the amount of damages suffered by the child and family. A recent CDC study estimated the cost to a family for a child with cerebral palsy at nearly $1 million. Lawsuit awards for certain cases have reached well into the multi-million dollar level.

It is important to discuss your child’s case with a lawyer to determine if it qualifies for a cerebral palsy lawsuit and how much it may be worth. Contact us for more information or to speak with a lawyer.

 

How much does it cost to file a cerebral palsy lawsuit?

For any lawsuit, there are costs for gathering records, taking testimony, hiring expert witnesses and administrative expenses. However, cerebral palsy lawsuits are handled on a contingency fee-basis, where a lawyer covers all of these costs and their attorney fee for the client unless there is an award or settlement. Therefore, it costs the family nothing unless there is a recovery.

In the event you recover compensation from your lawsuit, the attorney’s fees will usually consist of 33% to 40% of the gross amount, plus costs for pursuing the case. Contact us today for more information or to speak with a lawyer.

 

How long do I have to file a cerebral palsy lawsuit?

Lawsuits in every state are governed by rules called Statutes of Limitation, which cause your rights to expire if you wait too long to file a claim. In general, there is more time to file a claim involving injury to a child than with an adult. In some states, this window extends past the child’s 18th birthday.

However, it is important to contact a lawyer about your child’s case as soon as possible so that they can secure evidence before it is lost. A lawyer can let you know exactly how much time you have to take action before your rights expire.

Contact us today for more information or to speak with a lawyer. We are available 24 hours a day to help.