If your child has been diagnosed with cerebral palsy due to birth injury, it can be an overwhelming and difficult process to navigate. As the victims learn more about their diagnosis and potential treatment options, they may also discover that pursuing a legal claim is an idea worth exploring.
It’s important to evaluate both your current situation and the legal landscape in order to determine the value of your cerebral palsy claim. Seeking the help of an experienced attorney will help you get the birth injury claim settlement you deserve. Read on for more on how to evaluate the value of your cerebral palsy claim!
The Extent of Damages Suffered Including Physical, Emotional and Financial Losses
A good birth injury attorney at your disposal will diligently work with you to ascertain and develop a comprehensive list of damages incurred due to the birth injury experienced.
- These losses could range from:
- Physical disfigurement
- Long-term medical expenses
- Emotional anguish
- Financial losses in the form of lost wages and increased hospital bills
It is paramount that the attorney is able to traverse this wide array of damages so that your loved one’s experience can be taken into account when recovering for such losses.
The Degree of Negligence by the Medical Provider in Question
When determining the degree of negligence, there are a number of factors to consider:
- Was the proper standard of care followed?
- Did the medical provider fulfill their role in providing appropriate medical attention to their patient?
- Were any mistakes made- either in diagnosis, treatment, or both- that led to a worsening of the patient’s condition?
All questions should be addressed and answered before making a final judgment on the degree of negligence by the medical provider in question.
Any Applicable Laws or Regulations That May Dictate the Outcome of Your Case
Depending on the cerebral palsy case, various laws and regulations may dictate the outcome of your case. It is imperative for lawyers to properly understand these laws and regulations. This will help them better prepare an adequate assessment of their client’s cerebral palsy situation. Some key regulations that could have an impact include but are not limited to:
- Disability rights laws
- Special education laws
- Workers’ compensation laws
- Civil rights laws
Additionally, any applicable state or federal statutes will also play a role in determining the outcome of cerebral palsy cases. Taking into account all applicable local and federal laws is necessary when evaluating cerebral palsy cases, as these rulings may drastically alter the direction of a cerebral palsy case.
Seek a Professional Legal Firm Today!
If you or a loved one has been diagnosed with cerebral palsy as a result of medical malpractice, it is essential that you understand how to correctly value your claim. By taking into account the various types of damages suffered, the degree of negligence, and any other applicable laws or regulations, you can get a better idea of what your case may be worth. However, ultimately, it will be up to the legal team representing you to prove the full extent of your losses in order to secure maximum compensation.
