A birth injury claim against a doctor or a healthcare facility can be complex. When you file one of these claims, the crux of it will have to do with establishing that the doctor was negligent in some regard and that their negligence led to your child’s birth injuries. These lawsuits sometimes pay out into the millions of dollars. The parents are generally trying to get compensation for the tremendous medical bills they have to pay to help the child.
The first thing you’ll have to do is to sit down with an attorney and let them know what your situation is. The attorney will need to consult with you so they can determine whether or not you have legitimate cause to file a lawsuit. If they don’t believe so, they’ll just tell you and decline your case. A contingency arrangement ensures that you can have confidence that the attorney will tell you if they think your case isn’t likely to win. Under such an agreement, the attorney doesn’t even get paid unless they win your claim, so there’s no motivation for them to take a losing claim.
What They’ll Want to Know
The attorney will want to know the results of the medical investigation into your child’s cerebral palsy. This is done whenever a child manifests this condition. If it’s found to be likely that medical negligence played a part in your child having cerebral palsy, the attorney will be able to work this into a viable lawsuit. There’s never a way to guarantee that you’ll win a lawsuit. Even if you and your attorney are absolutely sure that you will, the jury could find against you.
Awards and Settlements
Jury awards and settlements are the two ways that the attorney can win your claim. A jury award may be for all of the money you’re seeking, part of the money or none of the money. A settlement will be for less than the total amount you’re seeking in damages, but it will allow you and the defendant to avoid having to pay for court. This is sometimes a desirable arrangement because of that.
Talk to a cerebral palsy lawyer as soon as you can. There are limitations on how long you can sue over birth injuries. The sooner you talk to an attorney, the sooner you can find out exactly how long you have to wait and whether or not it seems like you do have a lawsuit.