When the family is already dealing with the fallout of cerebral palsy, filing a lawsuit is probably not the first thing on their mind. Even though it may seem intimidating to go ahead and take the first step and contact an attorney, there are good reasons that you may want to consider doing it as soon as possible. These reasons start with the economics of the entire affair, which may work quite a bit differently than you think.
Lawyers
Whenever somebody mentions lawyers, the first thing that people usually think about is high fees. If you are already dealing with a child who has cerebral palsy and trying to find a way to provide them with adequate treatment, paying for a lawyer’s services may seem out of the question. It’s important to note, however, that hiring a cerebral palsy lawyer will not cost you anything out of pocket.
Almost every cerebral palsy attorney in America works “on contingency.” This is an arrangement where they don’t charge their clients any legal fees unless the attorney actually manages to win a settlement or to win a jury award for their client. They also don’t charge upfront fees or require a retainer. A contingency fee arrangement will allow you to pursue a lawsuit without having to risk your own money.
Settlements and Awards
The first thing you need to understand about settlements and awards is that there is no guarantee that you will get either. Luckily, a good attorney can help put together a case that has a great chance of winning in court. They do this by trying to establish something to the jury: that a doctor or other healthcare provider was negligent in the delivery of care to you and your child.
Negligence does not mean incompetence. It simply means that, in your particular case, the physician or other healthcare provider failed to deliver the standard of care expected of them, and because of that failure, your child suffered a brain injury which led to the development of cerebral palsy. If the lawyer can show medical malpractice, there is a chance that a jury may award you enough money to pay for the medical expenses that you have already had to pay, as well as the future medical expenses that your child will likely require in the future.