Cerebral palsy lawsuits sometimes pay out large sums. For instance, a couple in Maine and their child recently received millions for her case of cerebral palsy, which was found to be caused by negligence on the part of a midwife. There are cases, however, where the jury may find against the plaintiff and where no damages will end up being paid out at all.
An attorney will have to determine whether or not you have a valid claim on your hands. If they believe that you do, they will encourage you to go forward with the claim. They will sometimes take the case on a contingency agreement. This means that you don’t have to pay them unless they manage to win your lawsuit. If they lose, you owe them nothing, whether or not you ended up going to court or not. This is obviously a significant advantage for the person pressing the lawsuit.
The amount the attorney advises you to seek will depend upon the facts of your particular case. They will take into account past cases and how much money they netted for the plaintiffs in this equation. Sometimes, the money sought might not be as much as you would think, and sometimes it will be much more. An attorney helps to make this determination. It’s sometimes hard to conceive of how you put a price tag on pain and suffering, but you have to set an amount to file a lawsuit and attorneys have ways of coming up with appropriate figures.
There are two major factors in determining how much your lawsuit will pay, if it is successful. First, if you are offered a settlement, it will depend upon what you and your attorney can agree upon with the defendant. Your attorney will help negotiate this with you. Second, the jury will determine how much you’ll get if you go to court. They are under no obligation to award you the full sum that you’re seeking. They may not even pay out for certain parts of the case. You cannot know until you actually go to trial.
You’ll want to get a good Texas cerebral palsy attorney to represent you and the sooner you get them the better. There are limitations on how long you have to sue over a case of cerebral palsy in infants, so acting quickly is highly advisable.