Raising and caring for a child with cerebral palsy, according to the Centers for Disease Control and Prevention (CDC), is about 10 times higher than raising a kid without the said disorder. If you think your child’s injury is a result of other people’s negligence, you can file for a legal compensation.
Before filing a compensation claim, however, you need to have a clear proof that the attending physician acted in a negligent way, which resulted in the development of the disorder. This may be due to misdiagnosis, improper use of birthing tools, failure to monitor maternal or fetal distress, and others. A cerebral palsy lawyer will let you know if there was negligence in your case.
If you win the case, the legal compensation can make up for the expenses related to previous, ongoing, and future medical costs. This will also cover expenses for care and education for kids with brain or intellectual disorders. The compensation will help relieve associated financial burden by making sure that you can afford high-quality treatment.
It can also cover things such as:
- Assistive equipment and technology
- Occupational and physical therapy
- Loss of wages (if you need to leave work to care for the child)
- Pain and suffering (non-economic damages)
Amount of Compensation
It is understandable that you may be reluctant to file a lawsuit, thinking that it is just an unnecessary burden. A successful lawsuit, however, will help you deal with the financial problems caused by the birth injury. The amount of compensation will vary according to each case, so it is difficult to determine the exact amount.
The compensation for one case, for instance, may be $500,000 while in another case it may be $1 million or more. In determining compensation, individual circumstances are considered, including the type of cerebral palsy developed and the severity of medical negligence. The state where you live will also help determine the right amount.
If you wish to pursue a lawsuit, it best to find a cerebral palsy lawyer. An experienced lawyer is necessary, as a case like this can be difficult to prove. A knowledgeable birth injury attorney is highly recommended to help you go through the process successfully.