Before you decide to file a lawsuit over cerebral palsy in infants, you need to understand some things about this disorder. First and foremost, you need to understand the fact that cerebral palsy sometimes occurs because of natural circumstances that cannot be avoided. There is a chance that your child suffers with cerebral palsy because of circumstances a doctor could not have stopped. If you are certain, however, that medical negligence did play a part in your child developing cerebral palsy, you can speak to a lawyer, but keep the following things in mind.
A Lawsuit Is not a Guaranteed Win
Filing a lawsuit doesn’t necessarily mean that you’re going to win that lawsuit. Even if medical negligence did play a part in your child coming down with cerebral palsy, it is still ultimately up to a jury whether or not you deserve an award and how much that award should be. Your lawyer will help you determine how much you’re actually going to seek in damages, but the jury has the final say in how much you receive.
Settlements Are an Option
You may be offered a settlement by the party that you are suing. In these cases, you’ll be offered less money than you are seeking in damages. These are sometimes good options. The reason that these are good options is that you avoid paying the costs of going to court. This is actually the reason that the settlements are sometimes offered in the first place. The plaintiff will be relatively certain that you’re going to win your case and, in order to avoid paying attorneys fees for going to court, they will simply offer a settlement to reduce their total costs.
You Need to Speak with an Attorney First
You need to speak with an attorney before you will know for certain whether it’s worth it for you to pursue a case in court. If the attorney doesn’t think that they can help you, they will turn your case down. If the attorney does believe that they can help you, you may be able to go ahead and press the lawsuit. Sometimes, a Texas cerebral palsy lawyer will be willing to work with you on a contingency agreement. You don’t have to pay any lawyer fees under this agreement if they don’t win your case. A settlement, however, still does help you avoid paying the fees that come with going to court, and your attorney may advise you to take one if it is a good offer.