Juries sometimes award millions to cerebral palsy sufferers. When they do, it’s generally because someone who was responsible for their healthcare at some point caused them injury by being negligent. When this happens, the sufferer has the right to pursue a lawsuit. These lawsuits don’t always win. Here are the basics of how they work.
Negligence is a central concept of civil law. Negligence means that someone didn’t perform as someone could have been reasonably expected to perform in the same situation. Where medical professionals are concerned, not having performed means not having delivered the level of care that could have been expected of them. When they fail in this regard, there are sometimes devastating consequences for their patents, such as a cerebral palsy injury.
The lawyer will work to figure out where negligence played a part in the child suffering the injury. Sometimes it will be an instance where the sufferer wasn’t given the right medication. It might be a dirty medical supply, which is at the center of a case recently filed in Washington. Lawyers are the experts at finding out where negligence played a role and they will work on your case to determine how the concept applies.
Settlement vs. Trial
A settlement is offered when the defendant has every reason to believe that you’re going to win something. There’s no way to really know whether or not a lawsuit will win before it is argued, however. The party you’re suing, in instances where they offer a settlement, is taking a chance on the fact that the jury could find against you altogether. From their perspective, the settlement may be advantageous because it minimizes their potential damages. From your perspective, it guarantees receiving at least some money, which cannot be guaranteed in a jury trial.
If the trial goes forward, your lawyer will try to persuade the jury that your child deserves the money you’re seeking. Sometimes, the jury will award the whole amount and sometimes they’ll award part of the amount you’re seeking. They may also opt to award money for one reason but not for another, changing the amount of the award because of that. Only a Texas cerebral palsy lawyer can tell you if your case seems good. Talk to an attorney for birth injury claims to learn more about how you can move forward and seek compensation for your child through the legal system.