Some Fact About Suing for Cerebral Palsy

If your child was diagnosed with CP, there will have been a medical investigation to determine the cause of the condition. Sometimes, the cause is medical negligence. When this is the case, you have to determine whether or not you want to seek cerebral palsy help from a lawyer. A cerebral palsy lawyer may be able to file a successful lawsuit, but there are some things you need to be aware of moving forward.

It’s Not Always Negligence

There are cases—plenty of cases, in fact—where cerebral palsy is the result of natural circumstances that could not have been avoided, no matter what medical intervention would have been attempted. In such cases, there’s really no one to sue. Your lawyer will take a look at your claim and, if they believe that this is the case with your child’s condition, there may be no way that they can file a lawsuit.

Damages Have to Be Specified

You’ll have to work with your attorney to determine a concrete amount of money you want to seek for every part of your damages. These will include medical expenses, of course, both present and future. You’ll also have to factor in pain and suffering and other elements. Your lawyer will help you to do all of this. This is one of the hardest things about filing a lawsuit, but attorneys are well prepared to help in this regard.

Settlements Are Sometimes Offered

You may be offered a settlement by the doctor or healthcare facility responsible for the injuries that caused your child to suffer with CP. If this is the case, your attorney will help you to negotiate an appropriate sum. Be sure that you only do this through your attorney. The other party will, naturally, try to offer you as little as possible, so you’ll want to work with your attorney in this matter to make sure you take an appropriate amount.

Not All Cases Win

A jury will determine whether or not you’re entitled to the damages that you’re seeking. There’s no way to know which way they’ll go, so you have to be prepared to be dealt a loss. If your attorney takes the case on contingency, it means that they think you’ll win with a great deal of confidence. They don’t get paid anything unless they win under these agreements, so you can be sure they’re not just trying to get legal fees.

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The birth injury team at the Rasansky Law Firm has the experience with and knowledge of cerebral palsy needed to zealously represent and protect both your interests and your child’s. If your child suffered a birth injury or was born with cerebral palsy, or if you need information about cerebral palsy or birth injury law, schedule a free, confidential consultation with an experienced cerebral palsy attorney by clicking using the form below or calling us toll free at 1-877-405-0228.