Some people might be surprised at why parents choose to file a lawsuit following their child’s Cerebral Palsy diagnosis. The truth is that these lawsuits are filed to help the parents to deal with the medical costs that their child will rack up over the course of their life. Much of the compensation awarded in a lawsuit will be given directly to the child so that they can care for themselves after their parents are gone, or it might be put under the authority of a guardian if the child is not competent to handle their own affairs.
The Damages
The damages (losses) that people seek in these lawsuits are very similar to other cases where medical malpractice is at issue. First, the family will be seeking compensation for the pain and suffering their child has been put through. There will also be a sum tacked on to pay for the medical expenses that the disorder has already cost the family. The majority of your damages, though, usually focus on future expenses. This money may be awarded to the parents or to the child, but either way, it’s designed to help keep the child cared for as they grow up.
Pain and suffering is a hard thing to quantify in dollars. After discussing the case with you in detail, your attorney will look at other cases to see how much to seek, and how much is realistic. They will give you a figure that they think is reasonable, but the ultimate decision is up to you. Be aware, however, that an attorney will not take a case that they think is likely going to lose. This is because they work on a no-win, no-fee basis. If you’re determined to pursue an entirely unrealistic amount, the attorney may turn down your case.
You can speak with a cerebral palsy lawyer to get more information. Good ones offer free consultations where they can help you to figure out whether or not a cerebral palsy lawsuit is an option for your family. If it is, they may offer to handle the case for you.