Most parents might be surprised at why other parents actually file cerebral palsy lawsuits. The assumption would be that the lawsuit is filed to help the parents to deal with the medical costs that their child will rack up due to needing special treatments for this disorder. This is only part of the sum usually sought, however. Most of the time, the parents are also seeking compensation for their child. This money will be given directly to the child so that they can care for themselves after their parents are gone, or it might be put under the authority of a guardian if the child is not competent to handle their own affairs.
The damages that people seek in these lawsuits are very similar to other cases where medical negligence is at issue. First, the family will be seeking compensation for the pain and suffering their child has been put through. There will also be a sum tacked on to pay for the medical costs that the disorder has already cost the family. There may be more tacked on to pay for future expenses. This money may be awarded to the parents or to the child but, either way, it’s designed to help keep the child cared for as they’ll need throughout their life.
Pain and suffering is a hard thing to quantify in dollars. Attorneys will look at other cases to see how much to seek and how much is realistic. They will give you a figure that they think is reasonable, but the ultimate decision is up to you. Be aware, however, that an attorney will not take a case that they think is going to lose. If you’re determined to pursue an entirely unrealistic amount, the attorney may turn down your case.
You can speak with a Texas cerebral palsy lawyer to get more information. Good ones offer free consultations where they can help you to figure out whether or not a cerebral palsy lawsuit is an option for your family. If it is, they may want to take the case for you. Ask about a contingency agreement. This type of agreement is the reason that lawyers won’t take cases that they think will lose. The catch for the lawyer is that, if they don’t win a claim by settlement or jury award, they don’t get paid. This is a way to make sure that the client is being served.