Expert Guide to the Cerebral Palsy Lawsuit Process

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Initiating a Cerebral Palsy Lawsuit

The first step in initiating a cerebral palsy lawsuit is finding the right legal representation. Because these cases can be complex, it’s critical to find a childbirth injury attorney who specializes in cases like yours. They should have experience in negotiating settlements as well as litigating cerebral palsy cases at trial.

Your childbirth injury attorney will assess your case to determine if you should proceed with a lawsuit. If the details of the case meet the criteria for medical negligence, your attorney will move forward. At that point, they will file a complaint (as long as your case is within your jurisdiction’s statute of limitations) which will be served to the defendant and filed with the court.

Gathering Evidence for a Birth Injury Lawsuit

The next step in your birth injury lawsuit involves gathering evidence. This includes any relevant medical records regarding the pregnancy, labor and delivery, and postnatal care. Additionally, your childbirth injury lawyer will consult with medical experts to help establish causation. A medical expert may also serve as an expert witness should your case go to trial.

Birth Injury Lawsuit Discovery Phase

During this phase of your birth injury lawsuit, your attorney, as well as the defendant’s attorney, will request and receive evidence regarding the case. This may include taking depositions from you and the defendant, along with any witnesses. It may also include requests for documentation and any records that you may be required regarding your case.

Negotiation and Mediation Phase

Once all materials have been received and reviewed, your childbirth injury attorney can start negotiating a settlement. Most birth injury lawsuits are settled pre-trial which circumvents a time-consuming, costly jury trial.

While the settlement process is typically speedier than a jury trial, damages are quite often less than a jury might award. Still, if a settlement negotiation is successful, your birth injury lawsuit ends. There are no appeals, and you will receive your compensation, whereas even if you win at trial that isn’t always the case. Appeals for medical malpractice judgments could play out in the courts for years.

Birth Injury Lawsuit Trial

Should negotiations prove unsuccessful, your childbirth injury attorney will argue your case in court. Depending on the court docket, you may have to wait some time for a trial date.

Once in court, your attorney will present your evidence. Both you and any medical experts may be asked to testify. Both attorneys will present arguments and the case will go to the jury. The jury will decide if the defendant is guilty of medical negligence and if so, determine the amount of compensation you should receive.

Cerebral Palsy Lawsuit Post Trial

It’s important to be aware that both you and the defendant have a right to appeal the jury’s verdict. However, appeals can be extremely time-consuming and very expensive.

If neither party appeals the ruling and the jury awards you compensation, you will then collect your damages. Some key factors to bear in mind:

  • Depending on the terms of the award, your payment will either be paid in a lump sum or structured payments. A lump sum is the full amount awarded to you, while structured payments are paid out over a period of time. Typically, you can decide how you want to receive your damages during negotiations. However, if you are awarded damages at trial, the court will decide how you will receive payment.
  • The damages awarded are for your child’s care, so the court will often set up a trust to ensure your child’s needs are met now and into the future.
  • Your attorney’s fees and costs will be deducted from your compensation.

Meet with a Childbirth Injury Lawyer at Pintas & Mullins

At Pintas & Mullins, we’ve negotiated or litigated hundreds of cerebral palsy cases and collected millions for our clients. We have years of experience with these types of lawsuits and are intent on seeking justice for you and your child. A childbirth injury lawyer at Pintas & Mullins will provide a free assessment of your case and consult with our wide network of legal and medical experts. Call or text 800-934-6555 or complete our Free Case Evaluation form online to get started today.

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Yes. Please have an attorney, paralegal, or staff member from Pintas & Mullins law firm or their co-counsel contact me as soon as possible to discuss my questions. They may contact me by email or telephone (including phone calls, text messages, autodialed / auto-selected or pre-recorded calls). I understand that message and data rates may apply and that consent to such contact is not required for use of these services. I also agree to the Privacy Policy, Anti Fraud Policy and online Terms, including its mandatory arbitration provision.
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