Cerebral Palsy Birth Injury: Negotiating a Settlement
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Birth Injury Lawsuit and Its Impact on Families
Negotiating a settlement offer in a birth injury lawsuit tends to be less time consuming and less stressful on the family than going to trial. That doesn’t mean it’s easy. The huge emotional, physical, and financial toll on a family with a special needs child cannot be overstated.
Families with a child diagnosed with cerebral palsy face daunting long-term challenges. If the cerebral palsy diagnosis is due to medical mistakes, a family has a right to expect compensation for:
- Medical expenses
- Rehab and therapy costs
- Special education needs
- Modifications to a home or vehicle
- Assistive technologies such as communication aids and computer software
- Pain and suffering
- Long-term management of health, well-being, and financial needs of the child
- Punitive damages if the mistake was especially egregious
It’s important to work with a cerebral palsy attorney who is sensitive to your family’s challenges and who is experienced in negotiating settlement agreements on your behalf.
What to Know When Considering a Settlement Offer
There are several critical steps you should take as you move forward with a birth injury lawsuit:
- Move quickly. Though they vary from state to state, there are statutes of limitations on filing a birth injury lawsuit. It’s important to consult with a cerebral palsy attorney as soon as you are able after the child’s cerebral palsy diagnosis, especially if you’re convinced the condition is due to a medical mistake.
- Collecting evidence. A cerebral palsy attorney can assess your case and determine if you have enough evidence to prove medical negligence. If they believe you do, they will proceed to investigate, collect evidence, and consult with medical experts to build your case.
- Determine the amount of your damages. An experienced cerebral palsy attorney will assist you in determining the amount of damages you should seek. These will include existing expenses as well as projected costs for your child’s lifetime.
- File the birth injury claim. Once you’ve gathered evidence and determined your damages, your cerebral palsy attorney can file your claim and send the defendant a demand letter. At this point, the defendant and their insurance company may be open to negotiating a settlement offer. However, it’s important to remember that you are under no obligation to accept their offer. Should the defendant or insurance company’s offer be insufficient, or should they refuse to negotiate, your attorney will have to file a lawsuit with the court.
- Trial. Your attorney will prepare you and your family for trial, although negotiating a settlement at this point is still a possibility. Should your case proceed to trial, your attorney will present your evidence and argue your case to a jury, who will then decide if you are to be awarded damages as well as the amount of your award.
Working with a Cerebral Palsy Attorney
We cannot emphasize strongly enough how critical it is for you to choose an experienced cerebral palsy attorney to represent you in your birth injury lawsuit. Because of their experience, they are uniquely qualified to represent your interests in this very specific and complex birth injury claim. Other factors to consider when choosing an attorney:
- Record of success. Do they have a history of successfully negotiating a settlement offer or effectively litigating birth injury lawsuits?
- Knowledge of medical negligence. Do they understand cerebral palsy and the medical mistakes that can lead to this particular birth injury?
- Highly competent investigative skills. Do they have the resources to perform a thorough investigation of your case?
- Connections with medical experts. Do they have trusted medical experts in their professional network they can rely on to assess your case and act as a witness at trial?
- Respectful and compassionate. Do they treat you and your family with respect and compassion as you work through the process?
Effectively Negotiating a Settlement Offer
Several factors impact the amount of compensation your attorney will negotiate in your birth injury case. These include the role the medical mistake played in your child’s injury, the level of severity of their injury, along with medical costs, treatments, therapies, and more.
There are several ways you as a family can assist your attorney in effectively negotiating a settlement offer:
- Understand your child’s needs. Consult with medical specialists, educators, therapists, and financial planners to help determine your child’s current and future needs.
- Gather records. Pull together all relevant documents that relate to your case including medical records that pertain to the pregnancy, birth, diagnosis, and treatment. Additionally, compile financial records of costs incurred up to the time of the negotiation as well as projections of future costs.
- Understand the process. If you familiarize yourself with the birth injury claim process you will know what to anticipate which can alleviate anxiety and stress surrounding the case.
- Consider the structure of the settlement. Consult with your attorney on the best way to structure your settlement to ensure your child’s needs are met long term. This can include structured settlements, a lump sum payout, trusts, and other financial planning tools.
Trust the Birth Injury Lawsuit Specialists at Pintas & Mullins
You can trust the expert advice and guidance of the cerebral palsy attorneys at Pintas & Mullins Law Firm. With years of experience negotiating and litigating cerebral palsy lawsuits we have helped thousands of families, fighting on behalf of them and their injured child. We will provide a free assessment of your case and consult with our vast network of legal and medical experts to work toward the most favorable outcome for you. Call or text 800-934-6555 or complete our Free Case Evaluation form online to move forward today.
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