Common Mistakes to Avoid When Pursuing a Cerebral Palsy Lawsuit

Let’s face it, no parent wants to imagine their child being injured during birth. Unfortunately, for some families, this nightmare becomes a reality when their child is diagnosed with cerebral palsy. This neurological disorder can be caused by a variety of factors, but one of the most common causes is medical malpractice during childbirth.

If you are facing the devastating news that your child has been diagnosed with cerebral palsy due to medical negligence, it’s only natural to want justice and compensation for your child’s injuries. However, pursuing a lawsuit can be a complicated and emotionally draining process.

To ensure that you have the best chance at success in your case, this article will discuss some common mistakes to avoid when pursuing a lawsuit. Remember that no amount of blog posts can match what a lawyer brings to a table. Getting legal assistance for birth injuries is necessary to ensure you avoid common mistakes and get fair compensation.

5 Mistakes to Avoid When Pursuing a Cerebral Palsy Lawsuit

1. Waiting Too Long to Seek Legal Assistance

One of the biggest mistakes parents make when their child is diagnosed with cerebral palsy is waiting too long to seek legal assistance. Understandably, this can be an overwhelming and emotional time, but it’s crucial to act quickly as there are often time limits for filing a medical malpractice lawsuit.

In addition, the longer you wait, the harder it may be to gather evidence and build a strong case. Memories fade, witnesses become harder to locate, and medical records may not be readily available anymore. It’s best to seek legal assistance as soon as possible to give your case the best chance at success.

2. Not Properly Documenting Your Child’s Condition and Progress

Documentation is key in any legal process. This is especially true for a cerebral palsy lawsuit. It’s important to keep detailed records of your child’s condition and progress, including medical appointments, therapies received, and any changes in their abilities or behaviors.

These records can serve as evidence of the extent of your child’s injuries and the impact it has had on their life. Make sure to keep all receipts, invoices, and reports related to your child’s care, as these can also help determine the amount of compensation you may be entitled to.

3. Not Working with an Experienced Cerebral Palsy Attorney

When pursuing a cerebral palsy lawsuit, it’s vital to work with an experienced attorney who understands birth injuries and medical malpractice cases. A general personal injury lawyer may not have the specific knowledge and expertise needed to handle a complex cerebral palsy case.

Take the time to research and find an attorney who has a successful track record in handling similar cases. They will be able to advise you on the best course of action, negotiate with insurance companies, and represent your interests in court if necessary.

4. Settling Too Quickly

It can be tempting to accept a settlement offer from the at-fault party or their insurance company in order to avoid a lengthy legal battle. However, it’s important not to settle too quickly. The initial offer may not accurately reflect the full extent of your child’s injuries and future needs.

Consult with your attorney before accepting any offers, and make sure they have thoroughly evaluated all potential damages, such as medical expenses, ongoing care costs, and loss of future earnings.

5. Not Considering Future Care Costs

When seeking compensation for a cerebral palsy lawsuit, it’s crucial to consider not just the immediate medical expenses and impact on your child’s life but also future care costs. Cerebral palsy is a lifelong condition that may require ongoing medical treatment, therapies, and special accommodations.

It’s important to work with an attorney who can accurately calculate these future care costs and include them in your claim for compensation. Failure to do so could result in not receiving enough compensation to cover the long-term care needs of your child.

Additional Tips for Pursuing a Cerebral Palsy Lawsuit

• Don’t be afraid to ask questions and seek clarification from your attorney throughout the legal process.
• Be prepared for a lengthy legal battle. Birth injury cases can take years to resolve, so it’s important to have patience and trust in your attorney’s abilities.
• Take care of yourself and your family during this stressful time. Seeking support from friends, family, or a therapist can help you cope with the emotional toll of a birth injury lawsuit.

Pursuing a cerebral palsy lawsuit is not an easy task, but avoiding these common mistakes can significantly improve your chances of receiving justice and compensation for your child’s injuries. Always remember to seek the help of an experienced attorney and keep thorough documentation to support your case.