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Learning your child has cerebral palsy can be devastating. Being a parent already comes with challenges, and having a disabled child can be doubly so. Suddenly you are facing a myriad of doctors’ appointments, therapy recommendations and medication regimens. The total lifetime costs of care for cerebral palsy are well over what the average American family can afford.
What’s even more frustrating is often times cerebral palsy is caused by medical negligence. Consulting an attorney experienced in medical malpractice and birth injury lawsuits can help you better understand your legal rights and options to pursue the financial compensation your family needs.
Once you receive a cerebral palsy diagnosis, speaking with an attorney who specializes in birth injury cases can help you understand your rights. For over 35 years, The Oshman Firm, has served New Yorkers, seeking justice for families victimized by medical malpractice and birth injury. We are devoted to assisting families and children with cerebral palsy and holding responsible parties accountable for careless medical errors that cause a lifetime of damage.
Once you decide to move forward with a lawsuit, we will gather all the necessary documentation to build a winning case. This includes gathering medical records, expert testimony and other forms of evidence. We can help evaluate whether cerebral palsy was in fact caused by malpractice.
We can help you gain access to much needed therapies, treatments and technologies to help your child live their fullest life. We can also help you prepare for their future by crafting a life plan to anticipate future costs and retrieve damages from the at-fault party.
Previous successful cerebral palsy verdict and settlements include:
To provide the financial compensation necessary to cover your child’s medical expenses, your attorney must prove the injury was caused by errors and mistakes of the doctor and medical staff. By carefully examining medical records and interviewing involved parties, your counsel can discover if the medical staff:
Any of these factors can contribute to an infant developing the brain injuries that cause cerebral palsy.
As with most personal injury lawsuits, cerebral palsy cases have a statute of limitation of 2 ½ years in the state of New York and New Jersey. If your child has cerebral palsy, or even if you suspect they do, it is imperative you contact a lawyer right away so you do not lose your right to file a claim.
Cerebral palsy cases can be quite lengthy, with several months or even years before a settlement is reached. The reasons for this is manifold to ensure every process and paperwork necessary are gathered and filed correctly.
Once you decide to move forward with your cerebral palsy lawsuit, the attorneys at The Oshman Firm will begin to work diligently on your case. In addition to gathering evidence, we will issue a complaint to the defending party that details the reason for the medical malpractice lawsuit. The defendant will have 30 days to respond to this notice.
Thirty days after the complaint has been issued, the pre-trial process begins. During this phase of litigation, we will meet with the defendant’s attorney to see if a settlement can be reached out of court. If an agreement cannot be made, then the litigation will continue to trial. It’s important to keep in mind that the pre-trial process is often the longest phase.
The last phase of the cerebral palsy lawsuit process is settlement or trial. Many times, the defendant will choose to settle before trial begins. If your case does go to trial, the wait for a final verdict can also be lengthy. Rest assured we will go over all the detail at every step of the lawsuit process, an appeal any adverse decision should your case go to trial. However, we are optimistic that most cases can be settled and compensation received shortly afterwards.
The ultimate goal of a personal injury lawsuit is to provide adequate care for your child so they have the best and brightest future possible. Compensation for a cerebral palsy lawsuit includes actual and punitive damages. Actual damages include expenses for medical treatment, loss wages of the parents, and pain and suffering. Punitive damages are monies awarded for the negligence of the doctor and any medical staff involved.
If your child suffers from cerebral palsy and you wish to bring legal action against the parties responsible, please contact us today. We are here to listen. We are here to help. Please contact us today at (800) 400-8182.
The Oshman Firm was founded over 35 years ago on a commitment to service and excellence in all aspects of practicing law. Today, we provide the same level of service to those in need in all 50 states.
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If there is potential compensation available that could ease your financial burden and aid in your recovery, you need to seek it.
Contact the Oshman Firm today at (800) 400-8182 or by using the form on this page for a free, no-obligation consultation to discuss your case.
The plaintiff was a 12 year-old passenger in an automobile involved in a highway accident with a truck. She sustained a spinal cord injury, an L1 and L2 lumbar vertebral fracture dislocation requiring a successful posterior spine fusion and bone graft. The settlement included both a cash payment and structured annuity. This auto accident case took place in The Bronx, New York.
Pedestrian struck by motor vehicle while in cross-walk sustained a fractured ankle requiring surgical intervention.
Plaintiff was a passenger in a van when the driver of the vehicle lost control, striking a series of fixed objects, due to an improperly designed and constructed roadway. The plaintiff sustained a spinal cord injury and partial paralysis. The settlement included a satisfaction of a $1,550,000 medical lien.
