Texas Cerebral Palsy Law Firm | Representing CP: Cerebral Palsy and Lawsuits

Representing CP: Cerebral Palsy and Lawsuits

Sometimes, a baby injury that results in cerebral palsy ends up with the parents suing for damages. There are some things that are important to understand about these lawsuits before you decide whether or not to speak with a lawyer about filing one.

The Basics

These lawsuits allege that negligence of one sort or another causes the baby brain damage. When this is the case, the doctors, nurses or another party may be sued for negligence. A lawyer will attempt to determine that their negligence was the root cause of the injury and that is the reason that the child was made to suffer. These lawyers are specialists and oftentimes work with cases that involve other types of medical negligence, as well.

These cases hinge on the plaintiff's counsel's ability to prove to the jury that medical negligence was the cause of the injury. There are cases where CP happens due to circumstances that couldn't have been avoided, no matter how good the medical care the infant received was. In these cases, there is no one to blame. When it's negligence, however, the child who suffered and their parents may be able to get compensated.

Settlements

Settlements are when the defendant offers to pay the plaintiff a sum of money in exchange for the plaintiff dropping the case. This sum will be less than the total award sought, but taking the settlement means that there are no court fees involved for either party. This is only likely to happen when the defendant is relatively certain that the plaintiff is going to win their case. Sometimes, these settlements will be offered directly to the party injured but it's best to have a lawyer help you determine whether or not what's being offered is worth taking.

Court

Going to court is always stressful, but an attorney will prepare their client to deal with the stresses involved. The jury may award the entire sum sought by the plaintiff, a portion of that sum or none of it. They may also find that some of the lawsuit is valid but not all of it. For instance, they may find that the child is entitled to damages for their medical expenses and their pain and suffering but that the parent's aren't entitled to anything. These cases can sometimes pay out very large sums and sometimes fail to win any award at all. Only an attorney can tell you whether your case is worth pursuing.