Cerebral palsy is a neurological disorder caused by atypical brain development or brain damage during pregnancy, childbirth, or early infancy. While genetic factors and developmental issues account for some cases, medical negligence is often the cause. In these instances, cerebral palsy lawsuit settlements can’t come close to providing adequate compensation. Nevertheless, you and your loved ones deserve justice, and you shouldn’t be liable for any bills and expenses resulting from medical negligence.
At USClaims, we understand the unique challenges faced by families with a cerebral palsy diagnosis caused by medical negligence — and we believe it’s deeply unfair for you to suffer financial hardship while you’re seeking justice through the legal system. We can provide a lawsuit advance and end the mounting bills, expenses, and stress so you get the compensation you’re entitled to as quickly as possible.
Understanding cerebral palsy lawsuits
Definition and overview
A number of mistakes could be to blame for cerebral palsy. Some of these may include failure to meet the expected standards of prenatal and neonatal care could involve mismanaged monitoring, fetal distress, delivery, medication, or misdiagnosis during pregnancy, birth, or neonatal care. If you’re seeking a cerebral palsy settlement or judgment due to medical negligence, you should consult a medical malpractice lawyer to understand your options and whether you have grounds for a claim.
Healthcare practitioners have a legal duty to protect patients, and preventable mistakes constitute professional negligence. The purpose of a cerebral palsy lawsuit is to give you fair compensation for any damages incurred as a result. Damages could cover legal expenses, physical therapy, rehabilitation, medication, ongoing care, and financial losses.
Whether you require misdiagnosis lawsuit pre-settlement funding, hospital negligence lawsuit funding, or pre-settlement funding for cerebral palsy caused by any form of medical negligence, financial assistance is available.
Causes of cerebral palsy
According to The American Academy of Orthopedic Surgeons, lack of oxygen, neonatal infections, and mistakes during birth are leading causes of cerebral palsy[1]. Infections and developmental issues beyond anyone’s control can be to blame in some cases. However, if there’s any indication that medical malpractice has taken place, you may have grounds for a viable lawsuit — and your family deserves compensation.
Legal process
Going through the legal process during such an emotionally demanding time can be challenging, but it’s a necessity in many cases. Here’s an outline of some of the steps you may in a cerebral palsy lawsuit:
- You consult a medical malpractice attorney, who conducts an extensive investigation.
- If the attorney considers your case viable, they may file a complaint against the responsible healthcare facility or provider.
- The parties may share relevant evidence and information about the case during the discovery phase.
- A negotiation may take place in an effort to reach an out-of-court cerebral palsy settlement.
- In the event you don’t come to a settlement, the cerebral palsy lawsuit goes to trial.
As well as giving you the financial support you deserve, fighting the legal battle brings justice to your loved ones, holds the people responsible accountable, and can help prevent the same thing happening to another family.
Statute of Limitations
In a cerebral palsy lawsuit, the statute of limitations refers to the time available to file a medical malpractice complaint against the defendants. This time usually starts from the date the injury is suffered, though when it begins to count will depends on the specific facts of the case and the jurisdiction. How long you have also depends on the jurisdiction, and may be as little as 1 year from the date of the injury.
It’s critical that you work with an experienced attorney to find out the statute of limitations in your state and move your case forward. They’ll assist you in making a claim within the statute and getting justice so you can cover additional costs incurred during the most critical stages of your child’s life.
Cerebral palsy lawsuit settlements
Definition and benefits
A cerebral palsy lawsuit settlement is an agreement reached outside of court, typically before a trial takes place. It’s a convenient way to get compensation without going through a lengthy, draining, and expensive trial. There’s a good chance you simply don’t have time to wait around for a lawsuit to conclude. A settlement can cover medical costs, rehabilitation, and any other expenses much faster.
Factors affecting settlement amounts
Factors that could impact your cerebral palsy settlement amount include:
- The strength of the evidence
- The severity of your child’s condition
- The extent of long-term care required
- Pain and suffering
- The degree of negligence involved
The most critical factor influencing the amount of damages you might win is the strength of the evidence. It’s crucial that you hire an accomplished attorney who can prepare a strong case and fight for the highest value settlement.
Examples of cerebral palsy settlements
In the past, families have claimed anywhere from hundreds of thousands of dollars up to millions of dollars for preventable mistakes during natal care resulting in cerebral palsy. It’s important to note that claims can range widely based on the factors mentioned above, but some estimates suggest the average lawsuit settlement is around $5 million.
Importance of legal representation
When choosing a medical malpractice attorney for your case, look for one with direct experience in cerebral palsy lawsuits. Legal representation provides invaluable assistance as you navigate the complex legal process to ensure you get fair compensation.
Pre-settlement funding for cerebral palsy lawsuits
Introduction to pre-settlement funding
Pre-settlement funding is a financial service offering an advance based on an expected settlement amount. Lawsuits can last years, and waiting that long may not be an option when you have a mountain of unexpected bills and a family to take care of. Funding takes the weight off your shoulders by covering medical costs and expenses related to the litigation process.
Advantages and considerations
Pre-settlement funding for medical malpractice cases is a no-risk financial service that offers prompt financial assistance for people fighting medical malpractice cases. Because it operates on a nonrecourse basis, you aren’t liable to pay anything if you don’t win your case, taking the pressure off you and your loved ones during a difficult time.
Legal battles and medical bills could deplete your life savings. Cerebral palsy pre-settlement funding is an opportunity to maintain financial stability.
Seeking cerebral palsy lawsuit guidance? Trust USClaims for expert assistance!
If your child has cerebral palsy and you suspect medical malpractice, seek an attorney as soon as possible. Many cases like yours have seen plaintiffs receive fair compensation because healthcare providers neglected their duty of care.
Although navigating the legal process can be complex, your family shouldn’t have to pay for someone else’s mistakes. You don’t have to struggle financially while fighting your claim, either. Pre-settlement funding supports your efforts to pursue justice, covering costs and reducing the immediate financial burden.
As you can see from our customer testimonials, USClaims has helped hundreds of individuals and families fight and win legal battles without struggling through financial hardship. We’ve provided funding for a range of medical malpractice lawsuits, including Erb’s Palsy pre-settlement funding, birth injury pre-settlement funding, forceps birth injury lawsuit funding, and more.
Get in touch today by calling us at 1-877-USCLAIMS or learn more over at our pre-settlement FAQ.
FAQs
What happens if you lose your cerebral palsy lawsuit?
Litigation funding operates on a nonrecourse basis, meaning you don’t pay anything back if you don’t win the lawsuit. There are only a few exceptions, including providing misleading or false information, committing fraud, and breaching the purchase agreement.
How much pre-settlement funding can you receive for a cerebral palsy lawsuit?
Applicants for cerebral palsy lawsuit funding typically receive around 10% of the expected value of the case. The amount varies significantly based on factors impacting the proceedings, but we’ll always work closely with your attorney to get the best outcome for your circumstances.
Sources
- Mayo Clinic. “Cerebral Palsy – Symptoms and Causes.” Mayo Clinic, 1 Sept. 2021, www.mayoclinic.org/diseases-conditions/cerebral-palsy/symptoms-causes/syc-20353999.
