Filing a lawsuit against a hospital or medical provider can be a complex process. These cases sometimes have time limits on them, so be sure you talk to a cerebral palsy lawyer as soon as possible about your options. If nothing else, they can let you know how much time you have to think about the matter before the limit runs out.
Cerebral Palsy Facts
Cerebral palsy is actually a group of conditions. They all affect the motor skills and the sensory organs of those with the condition, but they do so to varying degrees. Some children will have very severe symptoms and severe cognitive impairment. Others will be affected to a lesser degree. Almost all will need assistive devices and ongoing medical treatments to deal with the symptoms that they do suffer with.
The Lawsuit
A cerebral palsy attorney can’t tell you whether or not a lawsuit will win, but they can tell you whether or not it’s likely you’ll win. Most of the time, they’ll want to meet with you for a free consultation before anything else. This is when they’ll sit down with you and go over the specifics of your case to see what options you have. If they work on contingency (as most do), they have no motive to take your case unless they’re almost certain that it will win. Contingency lawyers don’t get paid if they lose, ensuring that you never have to pay a dime out of pocket to pursue your case.
The lawyer will have access to medical experts who can help you prove negligence and calculate your damages. Punitive damages are sometimes sought if it was clear that the doctor or healthcare facility was particularly egregious in their responsibilities. The lawyer will go through all of this with you and will help you to determine a demand amount that is appropriate. If they fail to reach a settlement agreement, your attorney’s next step is to file a lawsuit.