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.
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.
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.
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.
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.
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:
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.
Check out our blog for answers to questions you may have with respect to your case.
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