Insights Into How Our Legal System Works

Consider All The Costs Before Accepting A Cerebral Palsy Malpractice Settlement

26 January 2015 by Yolanda Lane

Discovering that your child has cerebral palsy was likely heartbreaking for you. Sometimes the cause of this disorder involves medical negligence connected with the birthing process. If this is your situation, the medical facility's insurance carrier may have already offered you a settlement. Before you accept a settlement, consult a personal injury attorney to learn whether the compensation is reasonable. Cerebral palsy cases sometimes are worth $1 million or more because of expected lifetime expenses. 

The Role of Your Personal Injury Attorney

Your personal injury lawyer knows or investigates the financial compensation considered reasonable in a case like yours. He or she evaluates each factor in your youngster's disability in regard to current and future costs, building a total for a malpractice settlement. The lawyer presents the monetary demand to the insurance carrier.

Typically, the law firm and the insurance company negotiate a settlement. If the insurance company is unwilling to provide the compensation you and your lawyer believe you deserve, the attorney will bring the case to trial. 

Factors the Settlement Should Address

You may have only begun to learn about the services and adaptive equipment your child needs now and may need in the future. Unfortunately, the costs can be astronomical, which is why holding out for a better settlement is often the best option. Your child may need:

• leg braces, a rolling walker, a gait trainer or a wheelchair
• computerized speech equipment
• hearing aids
• chronic pain management
• occupational, physical and speech-language therapy
• orthopedic surgery, neurosurgery or other operations

You also may need to have modifications done to your home to accommodate your youngster. 

Your attorney is likely to include less tangible aspects in the monetary request, such as the emotional struggles you and your disabled child face. Your child may face struggles learning to move, walk and speak normally, and is likely to always have a certain level of compromised ability. 

Concluding Thoughts

Malpractice cases usually are settled out of court. Insurance companies would just as soon avoid getting a jury involved. Juries can be very sympathetic in cases like yours and award an amount far higher than what you have asked for in a settlement. You may receive a full lump sum amount, or you may receive a partial amount initially and then the balance in payments over time, which is known as a structured settlement.

Your child deserves the best life possible, and the compensation your family receives will help you achieve that goal. Contact a personal injury lawyer from a firm like Halverson & Sheehy, PLLC to find out what your case is worth and the type of settlement you should expect. 

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